Can you lose your job if you fail a DOT drug test for marijuana with a prescription?

Answer 1

The only way you cannot get fired is if you have a medical marijuana prescription...and you have to prove that you did the right thing to fill it...You simply cannot just have a recommendation that is not a legal reason to have marijuana lol...

Answer 2

darn right your gonna loose it

EDIT 8/6/11

It would depend on state law. If you are a legal patient of medical pot you could use this as a defense in a civil suite. But most states are Right to work states, They can fire you with out good cause. You should consult a lawyer in your state that is familiar with labor laws. I would think if you were not stoned at work and did your job it would not be an issue. But most stoner's do not take anything seriously and don't see that beyond all their excuses they really are just slackers who feel the world owes them a living.... Thats why they want you gone. How do I know. I'm a stoner too. Love ya.

State law won't protect you. If you work for an employer with a zero tolerance policy, it will be upheld - medical card or not. Possession and use of marijuana is still illegal under federal law, and thus there is no protection in place for medical marijuana patients, regardless of medical card. State laws legalizing marijuana (for medical purposes, or, in the case of Colorado and Washington, recreational purposes, as well) don't actually legalize it - they simply maintain that the state will not prosecute for marijuana possession or use so long as a particular set of conditions is met, and the feds have - thus far - opted not to intervene. But, they could bring the hammer down at any point they so wished - there's no guarantee they won't. Thus, the states which have such laws "legalizing" it are in a bit of a precarious position, and need to tread carefully. They're not to going to provoke the feds too much. Not to mention that it would be pointless for a state court to award judgment to the plaintiff if they tried to sue for being fired over marijuana - as soon as the company's appeals made it to the federal level, the case would be ruled in favor of the company, and it would be thrown out from that point.

Answer 3

Your best bet, if you REALLY think you should not have been fired, and have read the company policy regarding drugs....is to find an attorney that will fight the firing for you. Consider, though, that even though you have a "prescription" to use marijuana, the affects of use are no less important than if you were using illegally. If your motor skills are impaired, or thought processes not as sharp....you could present a danger to other employees, customers and yourself (depending on the type of job you have). It is totally legitimate for a company NOT to want a stoned employee working for them...period. Look for a job that doesn't drug test and that you feel you can do without harm to anyone or thing. You have to become more responsible BECAUSE you are using marijuana. Keep that in mind.

Answer 4

Chances are YES. The laws of the state are not yet the laws of the Federal Government. you can check with the MMMP here in Michigan for further info . But there have been resent cases IE: Walmart where a man went to clinic was tested then fired and he had a brain tumor with cancer of the liver I believe.

Answer 5

Yes you can because if you take your drug test and it comes out positive, they have the right to not hire you or fire you on the spot!

Whether the drug you are taking is legal and medicinal or not, if the employer believes that it is affecting your work in any way they can suspend or fire you.

Answer 6

That would depend on your job and your employer. Generally speaking, absent a union contract, an employer can fire you for any reason or no reason at all.

Answer 7

Yes, you could be fired for failing a random urine test.

Answer 8

yes because you should not be under the influence at work