If you want to throw a room full of human resource and corporate attorneys into a frenzy, simply mention medical marijuana− then step back and watch the fun. The reason why medical marijuana is such a hot topic is it remains illegal under U.S. federal law, but it has been legalized in 15 states, including Colorado. Moreover, it is still a very grey topic, without a lot of referenceable information for employers or job searchers.
How medical marijuana works – in Colorado
Effective July 7, 2007 medical marijuana (MMJ) became legalized in the State of Colorado. Individuals who are prescribed medical marijuana by a treating physician are placed on a list and given an official card. The list or registry is accessible to Law Enforcement and Dispensaries, where they can access it to confirm that you are a legitimate cardholder and not just enjoying a “rocky mountain high” with a fake ID. The medical marijuana registry is not public, so in theory it should not prevent you from getting a job − but it cannot protect you from a drug test.
Drug testing
According to the American Management Association, 47% of 2,000 companies surveyed conduct pre-employment drug testing. So let’s say you apply at a company that does drug testing and as a medical marijuana user your results show up positive for THC, the active ingredient in Marijuana, which can be detected in a person’s system for weeks after use. Your next step should be making human resources and the hiring manager aware of your MMJ card status. Now even though you have a MMJ card, employers may be concerned about the liability that may result from the negligence of employees working under the influence, especially if the job involves handling equipment, driving, or working with minors. This is the same reason alcoholic consumption at work is not allowed and prescription pain killers like Vicodin that interfere with job performance are not condoned.
Job performance
Most employers would agree that the number one factor that will get a person hired (or fired) is their ability to perform the job. In order to secure the job you need to convince the employer that your usage of medical marijuana is off the company premises, outside work hours, and will not interfere with your job performance. Unfortunately, in such a competitive job market this could be an uphill battle as a negative drug test could sully your application, giving other applicants a leg up.
Do I have to tell?
NO, you don’t. Many employment laws have been created to protect your right not to share your medical history with employers. Americans consider this information to be highly sensitive, deserving the strongest degree of protection. According to the Americans with Disabilities Act within the Equal Employment Opportunity Commission (EEOC), employers may not ask job applicants about medical information or require a physical exam prior to a job offer. However, after employment is offered, an employer can request a medical exam to ensure the worker can fulfill the job requirements. If the medical exam comes back negative the employer can then rescind the job offer, but they must prove that the worker is incapable of doing the work or fulfilling the positions requirements.
Best bet for MMJ card holders
Apply at companies that don’t conduct drug testing; then to ensure satisfactory job performance, take your prescribed medical marijuana after your work hours and away from company property.
Fast Fact: Typically people are prescribed medical marijuana to alleviate pain, nausea, vomiting and stimulate hunger (chemotherapy and AIDS patients) among others.
Marilyn Maslin @ Resume Footprint, June 5, 2011
Marilyn Maslin is Chief Job Strategist for Resume Footprint, and Senior HR Consultant for the Maslin Group. She helps companies with their people, and people with their companies. As an expert HR Consultant, Professional Resume Writer, LinkedIn Profile Writer and Interview Coach, Marilyn Maslin has a 360 degree view of the hiring process that produces a synergy where both Marilyn's commercial and individual clients achieve their objectives faster and at a greater value. You can read more of Marilyn Maslin's advice as the Denver Job Search Examiner. Please feel to contact Marilyn Maslin on Twitter or Facebook
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