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Jah-Red

In an "employment" situation; If your employer is unaware of ones medical perscription (california)to marijuana, and one is drugtested........ Is there anything that can be done to protect rights comparable to a perscription to Ibu profin or other over the counter perscribed drugs?

I am aware that there are cannabis lawyers but would cannabis perscription be considered legitament in contesting a drug test?

 

Buzzby

There is no such thing as a "cannabis prescription". Only drugs listed in the FDA mandated US Pharmacopeia can be prescribed. Doctors can give a patient a "recommendation" that marijuana might be useful in treating their condition.

Case law currently shows that a doctor's recommendation is not a challenge to an employment or pre-employment drug test failed due to marijuana. Because marijuana is not recognized by the federal government as a legitimate medicine, medical marijuana patients are not protected under the Americans with Disabilities Act. If there is a "no pot" standard for a workplace your doctor's recommendation does not make it OK.

A recommendation is a "Get out of jail free" card for possession charges. That's about it.

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1tokeovertheline

What Buzzby said. Think about it. Would a company (California) spend money on a drug testing if they wanted to hire people that smoked pot?

Jah-Red

I was refering to emplyement, not pre-employement

Sec

Employers do not have to allow you to work if you are taking a performance affecting drug. It doesn't matter what drug that is, if it affects your performance, they can send you home. If that drug is illegally in your system, you will have violated the company's drug free workplace policy and can be terminated. If the drug is legally in your system, they can send you home for the duration of the treatment.

All this is what employers CAN do, not what they all WILL do.

If you , for example, are taking tylenol 3 W/Codine, your employer can either put you on light duty or ask you to stay home while you are taking the drug. If you are taking medical marijuana, same thing. Employers don't have to assume the risk of you being under the influence of a drug and having an accident involving you, equipment or another person. They can send you home. If the use is constant (long term), and you don't have enough sick leave to cover the time you are taking the drug, well, you just might lose the job.

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