Can an Employer Refuse to Hire Me Because I Use Medical Marijuana?

  1. Employment Law
  2. Can an Employer Refuse to Hire Me Because I Use Medical Marijuana?

Last year, the people of the state of Oklahoma voted to legalize the use of medicinal marijuana. Since then, thousands of Oklahoma residents have obtained licenses to legally use medicinal marijuana. Having a license ensures that they are able to purchase and use medicinal marijuana without facing legal penalties. But, it’s important to remember that a license does not give you the right to use marijuana whenever and wherever you desire. Are you allowed to use marijuana in the workplace? Here’s what you should know:

Marijuana Use in the Workplace

Marijuana use can affect your judgment, change your mood, and impair your body’s movement. These effects can make it hard for an employee to safely and efficiently perform their job duties, so it’s not hard to see why employers do want their employees to use marijuana in the workplace. But, can an employer stop you from using medicinal marijuana?

The law still gives employers the right to prohibit the use or possession of marijuana in the workplace. Employers also have the authority to prohibit their employees from working while under the influence of marijuana.

This can apply to both legal and illegal users of marijuana. For example, let’s say you are a licensed medicinal marijuana cardholder. It is within your employer’s rights to say you are not allowed to use or possess marijuana in the workplace even though you are a licensed cardholder. Your employer also has the right to say you are not allowed to work under the influence of marijuana even if you are not actually using it on the company’s property.

Check Your Employee Handbook

You won’t face legal penalties for violating your employer’s rules, but you could face consequences at work. If you want to avoid these consequences, it’s best to find out where your employer stands on medicinal marijuana use. Most employers completely ban the use and possession of marijuana in the workplace, but rules can vary from employer-to-employer. Check your employee handbook to see if your employer has a marijuana policy in place. You can also ask anHR representative for more information on the company policy.

It’s important to note that employers are allowed to set their own policies regarding the use and possession of marijuana in the workplace, however they cannot discriminate against you because of your medical marijuana use. The law prohibits employers from discriminating against employees simply because they hold medical marijuana licenses. This means, for example, that an employer cannot fire you because you hold a license to use medical marijuana.

Has your employer violated your rights? If so, seek legal representation from Armstrong & Vaught, P.L.C. at once. Our attorneys have years of experience protecting the rights of our clients in the workplace. Now, let us protect yours. Call us at (918) 582-2500 or toll-free at (800) 722-8880 or complete the simple form below for a free consultation with a skilled attorney.

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