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Cannabis FAQ: Medical marijuana and your job

closeup of man infront of a laptop while typing and taking some notes in a notebook

Article written by

April AcernoContent Writer

Content reviewed by

Zach LevinIn-House Counsel

Table of contents

  1. Does having a medical card affect your job?
  2. Do these protections apply if I work in a different state?
  3. What jobs can you not get with a medical card?
  4. Should I tell my employer I have a medical card?
  5. Can a job not hire you if you have a medical card?
  6. Can your employer find out if you have a medical card?
  7. The bottom line: Most states protect employees who have a medical card
  8. Resources

In many states, having a medical cannabis card comes with legal protections related to your job.

Your state’s medical cannabis laws may protect you against:

  • Being fired for testing positive for cannabis
  • Being fired or disciplined for having a medical card
  • Not being hired due to your cardholder status

If you don’t have a valid medical card, these legal protections do not apply to you, even if you use cannabis for health reasons.

Medical cannabis laws vary from state to state. As a medical cannabis cardholder, it’s important to know what your employee rights are according to your state.

Protect yourself with a medical card

Does having a medical card affect your job?

Having a medical card may or may not affect your job depending on the laws of the state you live or work in.

Because cannabis is still federally illegal, each state must create its own legal framework that outlines how much protection employees have when it comes to medical marijuana cards.

In most states with medical cannabis programs, having a medical card shouldn’t affect your job. In many cases, employers cannot legally fire employees who test positive for cannabis if they have a medical card.

Several states also forbid employers from refusing to hire medical cannabis users strictly on the basis of having a medical card.

But in other states, including Michigan, employers are under no legal obligation to accommodate medical cardholders. This means that even if you have a card, you can get fired for testing positive for cannabis.

Which states offer medical marijuana protections for employees?

The following states have employee protection laws for medical cardholders:

If you live in a state that offers employee protection, it’s a good idea to familiarize yourself with the laws and understand your exact protections. Some states offer more legal protections than others.

Even in states that do protect cardholders, your employer can still choose to fire you if:

  • You consume cannabis on work premises
  • You bring cannabis onto work premises where possession is prohibited, such as a federal building or school
  • You’re unable to perform your job properly due to your cannabis use
  • You’re intoxicated during work hours

Do these protections apply if I work in a different state?

They can, but it depends on the laws of the state you work in. In most cases, if both your home state and the state where you work offer the same protections, your job likely won’t be affected by having a medical card.

What jobs can you not get with a medical card?

Some types of employees may be exempt from protections under medical cannabis laws.

For example, employees who work for the federal government or have a job that requires a federal license, such as truck drivers or pilots, aren’t protected because cannabis is federally illegal.

Depending on the state, other kinds of employees may be exempt, including:

Should I tell my employer I have a medical card?

Choosing to share your cardholder status with your employer is a personal decision. If you live in a state where it’s illegal for employers to discriminate against cardholders, telling them does not put you at risk of losing your job.

If your workplace requires drug testing, it may be wise to let your employer know that you’re a cardholder. This way, they won’t be surprised if your test has a positive result.

However, you are never legally required to disclose your cardholder status to an employer.

Can a job not hire you if you have a medical card?

Whether or not a job can refuse to hire you solely because you’re a cardholder depends on the state you work in. Most states that have medical cannabis programs prohibit employers from refusing to hire people only because of their cardholder status.

Can your employer find out if you have a medical card?

Your employer has no way of finding out whether or not you have a medical cannabis card. That information remains confidential and is shared only among you, your doctor, your state’s health department, and sometimes your insurance company.

Your employer also can’t find out if you have a medical card, or if you’ve purchased cannabis from a dispensary, by doing a background check. State departments treat this information as confidential.

Employers are also prohibited from asking you about your cardholder status, as this violates the Health Insurance Portability and Accountability Act (HIPAA), a law that protects your privacy by safeguarding your personal health information.

While HIPAA is a federal law, it still applies to your medical card status.

The bottom line: Most states protect employees who have a medical card

In several states, medical cannabis cardholders are protected from discrimination in the workplace. This means that employers cannot fire or refuse to hire people because they have a medical card, as long as they use cannabis safely and legally outside of working hours.

However, some states offer more protections than others. If you’re unclear about your legal rights as an employee, consider looking over your state laws.

If you’re interested in getting a medical card and unlocking these legal protections, Leafwell’s telehealth services are available to help you get started.

Resources

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