"I use cannabis sparingly in the evenings to aid my ailments and provide relief. I also use it for my spiritual practices, as it brings me closer to God. Just the other day, a co-worker of mine got fired for testing THC positive and has his cannabis card (*I am not sure if he disclosed the fact that he had his card prior to testing). I’ve taken a temporary break from my medicine, as i’m concerned and am seeking advice. Do I have any legal grounding for using medicinal cannabis? Apparently the law states that it’s the employer’s choice to let someone go for testing positive. I also wonder if I could be protected for my spiritual/religious use under the first ammendment? Has this happened to anyone, or can anyone provide advice? I’m in a random testing pool for safety sensitive reasons (unreasonably put in this catigory) but work mostly at the desk as part of a marketing team. Prior to testing, if I disclosed my medical info, would it be treated like any other prescription?"
Multiple courts have ruled that an employer can demand a drug free work environement. They can test you for THC or other compounds and, if they are detected, they have cause to fire you with no recourse on your part. The fact that you have a recommendation from HelloMD, or even a state issued cannabis card, does not make a difference.
As to using it as part of a religious practise, I would think the same applies. However I am not an attorney so I cannot give you legal advice on this.
Perry Solomon, MD
Additional points to consider: There are occupations such as truck driving, teaching, and police officer that require their employees to be alert cognitively and physically. Impairment in these types of professions may cause harm to others; therefore it is important to be compliant with not using cannabis at work. When it comes to off-site use, it is best to discuss cannabis policy regarding one’s job with the employer.