Are you legally protected from employer discrimination because you have a Missouri medical marijuana card? What happens if your boss discovers that you use marijuana through a random drug test? Should they care? Can you be fired?
Jobs that are deemed “safety-sensitive” often randomly drug test employees for marijuana use.
When it comes to drugs, cannabis is one of the least dangerous - there are dozens of other legal drugs on the market that boast higher addiction rates, and higher mortality rates. Alcohol, for instance, is a well-known substance with a potential for abuse that is perfectly legal to consume in deeply unhealthy quantities when not at work. So…Are you protected from termination by having your Missouri medical marijuana card?
Fortunately, the answer is yes! A medical marijuana card protects you from employer discrimination during the hiring process, firing, or terms & conditions of employment. You are also protected if you test positive on a random drug test.
This map shows each state’s marijuana policies as of 2019.
Gray - Illegal Dark Green - Fully legal
Light Green - Medical Off white - Decriminalized
Kelly Green - Medical and Decriminalized
There are some exceptions to take note of:
Exception 1: This does not apply to employers who would otherwise lose a monetary or license-related benefit under federal law.
Exception 2: These protections do not permit an applicant or employee with a valid patient ID card to use, possess, or be under the influence of medical marijuana while working (on the employer's premises or during work hours).
Exception 3: This does not apply to employees whose medical marijuana use affects their ability to perform job-related responsibilites, or affects the safety of others, or conflicts with a bona fide occupational qualification.
Medical cannabis is legal in 38 states. About half of these states have policies that somehow address anti-discrimination for medical cannabis patients. Significantly fewer states require employers to carve out accommodations for these patients, but luckily, Missouri is one of them.