{"id":40579,"date":"2025-12-15T06:00:15","date_gmt":"2025-12-15T11:00:15","guid":{"rendered":"https:\/\/www.veriheal.com\/blog\/?p=40579"},"modified":"2025-12-08T04:32:10","modified_gmt":"2025-12-08T09:32:10","slug":"can-my-boss-still-fire-me-for-medical-cannabis","status":"publish","type":"post","link":"https:\/\/www.veriheal.com\/blog\/can-my-boss-still-fire-me-for-medical-cannabis\/","title":{"rendered":"Can My Boss Still Fire Me For Medical Cannabis in 2025?"},"content":{"rendered":"

Millions of Americans<\/span><\/a> have medical marijuana cards, providing them with legal access to the therapeutic benefits of cannabis. Despite this expanded access, cannabis is still illegal under federal law. This can make for some sticky situations regarding employment. If you\u2019re a card-carrying patient, you may be wondering, Can my boss still fire me for medical marijuana in 2025?<\/span><\/p>\n

The short answer is maybe. Let\u2019s take a closer look at why.\u00a0<\/span><\/p>\n

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Medical Cannabis and the Workplace\u00a0<\/b><\/h2>\n

The National Conference of State Legislatures reports that about half of the states with legal medical cannabis have <\/span>implemented policies<\/span><\/a> to address discrimination against medical cannabis patients. Most of these policies contain exceptions, though.\u00a0<\/span><\/p>\n

Most states lack any workplace accommodation requirements for medical cannabis patients, instead letting employers decide on their own rules. However, Nevada law requires employers to <\/span>reasonably accommodate the medical needs<\/span><\/a> of employees who use medical cannabis, so long as it doesn\u2019t cause hardship on the employer or prevent the employee from carrying out their duties.\u00a0<\/span><\/p>\n

The specific rules of medical cannabis in the workplace vary greatly from state to state. It\u2019s crucial to look into the specific laws and regulations for the state you live in if you are a medical cannabis user in the workplace. But even if your state has specific rules in place about medical marijuana use, federal law can override such regulations and land you in trouble.\u00a0<\/span><\/p>\n

\"notice<\/p>\n

Can Employers Drug Test for Cannabis?<\/b><\/h2>\n

Even in states with legal cannabis, employers can test for the substance, with varying rules and exceptions. Some states have banned pre-employment testing for cannabis and only permit employers to test for tetrahydrocannabinol (THC) under reasonable suspicion. Other states allow employers to carry out pre-employment drug tests at their discretion.\u00a0<\/span><\/p>\n

Jobs with significant safety risks may also test for cannabis and other drugs. Fire departments, law enforcement, and other high-risk jobs where on-the-job cannabis use could cause extreme harm may allow for drug testing, even if state law otherwise prohibits it.\u00a0<\/span><\/p>\n

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What About Off the Job Consumption?<\/b><\/h2>\n

If you\u2019re worried about being fired for medical cannabis use, it\u2019s important to know that drug tests don\u2019t just look for recent use. Unlike breathalyzers or blood tests to look for on-the-job alcohol use, you can test positive for cannabis days, weeks, or even months after your last use.\u00a0<\/span><\/p>\n

But some states offer protections. In New York, for example, employees need to demonstrate \u201carticulable symptoms of cannabis impairment\u201d at work before they can be reprimanded for cannabis use. Many states, like <\/span>California<\/span><\/a> and <\/span>Washington<\/span><\/a>, prevent employers from firing employees for off-duty, off-the-job cannabis consumption.\u00a0<\/span><\/p>\n

However, other states clearly allow employers to enforce their own drug-free workplaces, even when medical cannabis laws are in place. For example, <\/span>Florida law<\/span><\/a> states:<\/span><\/p>\n

\u00a0\u201cThis section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination.\u201d<\/span><\/p>\n

This may change soon, though. Florida Senator Tina Scott Polsky <\/span>recently filed a bill<\/span><\/a> to provide protections for public employees who use medical cannabis.\u00a0<\/span><\/p>\n

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Does the ADA Protect Medical Cannabis Users?<\/b><\/h2>\n

Despite widespread acceptance of medical cannabis, it\u2019s still illegal under federal law. Because the Americans with Disabilities Act (ADA) is a <\/span>federal civil rights law<\/span><\/a>, federally illegal substances like cannabis are not covered.\u00a0<\/span><\/p>\n

Last year, a Vermont federal judge ruled that a plaintiff\u2019s medical cannabis use was <\/span>not protected by the ADA<\/span><\/a> in a Supreme Court case. The plaintiff\u2019s employer fired him after he tested positive for THC in a random drug test. He argued that his state-issued medical cannabis card exempted him from failing the test for cannabis alone.\u00a0<\/span><\/p>\n

The federal judge examined whether the ADA covered the case and ultimately ruled against the plaintiff, finding that the law excludes employees who engage in illegal drug use.<\/span><\/p>\n

Although some states have enacted protections against discrimination for medical cannabis use, the ADA does not protect employees at the federal level.<\/span><\/p>\n

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Which States Protect Employees With Medical Marijuana Cards?<\/b><\/h2>\n

\"a<\/p>\n

According to <\/span>JDSupra, <\/span><\/a>the following states prohibit discrimination against qualified medical cannabis patients <\/span>in some form.<\/b><\/p>\n