Can I be fired for using medical marijuana? 07-08-2009

I am a mobile mechanic, and I drive a company vehicle daily. I was wondering if I could be fired for using medical marijuana. Nevada is a right to work state, so does that give the employer just cause? Thanks.

Ann Kiernan replies:

As of June, 2009, 13 states -- Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington -- have passed laws exempting patients who use marijuana under a physician's supervision from state criminal penalties, and legislatures in at least three others -- Delaware, New Jersey, and North Carolina -- are considering similar legislation.

I could find no Nevada cases on medical marijuana in the workplace, but case law in California and Oregon holds that a private employer may terminate an employee for failing a company drug test, even if that employee is authorized under state law to use cannabis medicinally.

Take note that you may not come to work under the influence! Even the leading marijuana advocacy group recognizes that employers have a legitimate interest in having a sober workforce. In its Model Workplace Policy for Cannabis, NORML recommends that employers tell their workers that:

Employees are prohibited from reporting for duty or remaining on duty with any alcohol or any other intoxicants in their systems. Employees are further prohibited from consuming alcohol or other intoxicants during working hours, including meal and break periods.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.