Can You Get Drug Tested as a Medical Marijuana Patient?
Having a West Virginia medical marijuana card offers a lot of freedom for patients with qualifying conditions.
A card gives you the ability to legally purchase and possess medical cannabis and protects you from legal consequences for using medical marijuana, and there are even protections for employment when it comes to cannabis in West Virginia.
One question that many patients have is if employers can drug test medical marijuana patients in West Virginia, and in this article, we’ll talk about employment and medical marijuana in West Virginia, and what medical marijuana patients need to know about drug testing.
Drug Testing & Medical Marijuana in West Virginia
Can You Be Drug Tested for Medical Marijuana in West Virginia?
The short answer is yes, technically you can be drug tested for marijuana in West Virginia, though your status as a medical marijuana patient makes the outcome a little different.
For starters, West Virginia’s Safer Workplace Act requires that companies who use drug testing services must provide a copy of their written drug-testing policy to employees, so you’ll know whether you’ll be looking at a drug test or not beforehand.
Employers are also prohibited from discriminating against an employee based on their status as a medical marijuana patient in West Virginia.
That includes discharging, threatening, refusing to hire, or otherwise discriminating or retaliating against an employee solely based on that employee’s status as a registered medical cannabis cardholder.
However, companies are not required to break any Federal laws, and there are certain restrictions on medical marijuana patients for specific positions such as those that are considered safety-sensitive, involve operating motor vehicles, or exist in hazardous work environments.
Should I Disclose My Status as a Medical Marijuana Patient to My Employer?
Another question that commonly comes up for medical marijuana patients is whether they should reveal their status as a medical marijuana patient to their current or potential employer.
The answer really depends on your situation and privacy.
If you’re looking to land a job, it’s probably best to wait and see if a company provides a job offer and determine whether the position will require drug testing.
In many cases, companies prefer not to drug test for positions, so it may not even come up.
But if it does, you should probably disclose your status as a medical marijuana patient to your employer immediately before your drug test, so that a positive result for marijuana can be justified.
As long as the position is not one where medical marijuana is prohibited, it shouldn’t be much of an issue. If you’ve received an intent to hire paper, which usually comes right before a drug test, an employer’s decision to hire shouldn’t be affected by a positive drug test for marijuana from a medical marijuana patient in West Virginia.
How to Talk to Your Employer About Medical Marijuana
Medical Marijuana is Still Prohibited in the Workplace
There are a few things to know about medical marijuana and the workplace in West Virginia.
Medical marijuana products, paraphernalia, and the use of medical marijuana are all prohibited in the workplace in West Virginia, and that includes being intoxicated at work, using medical marijuana in your car while at work, and using medical marijuana on breaks.
So, while your status as a medical marijuana patient shouldn’t affect your employment for positions that are not prohibited from medical marijuana use, using medical marijuana at work or being high at work could justify a termination.
If you’re not looking for a new position or if you’re settled in your employment and have recently become a medical marijuana patient, there’s probably not a lot of reasons to mention your status as a cardholder to your employer, provided there are no upcoming drug tests and you’re not currently in a position that prohibits medical cannabis use.
Disclose Your Status as a Medical Marijuana Patient After a Job Has Been Offered
The likely choice for medical marijuana patients will be to disclose their status as a medical marijuana patient after a job has been offered or after receiving an intent to hire letter.
It’s at this juncture that you’ll face a drug test, and the employer will certainly need to know that a positive result for marijuana is legal in West Virginia.
Provided the position is not prohibited from medical marijuana use, it shouldn’t be a big issue, and since you’ve already received the job offer, the position shouldn’t suddenly become unavailable because you’re a medical marijuana patient.
Though this would potentially be illegal, in a situation where you believe an employer may be refusing to hire you because of your status as a medical marijuana patient, it’s likely best to consult an attorney to discuss your options moving forward.
Ultimately, it would probably be better to avoid a workplace where medical marijuana use gets a bad rap anyway, but employers are prohibited from discriminating against medical marijuana patients, and your status as a medical marijuana patient should not prohibit you from finding employment in West Virginia.
Get Your Medical Marijuana Certification in West Virginia
West Virginia offers protections for patients who have legally obtained their medical marijuana certification. Employers are prohibited from discriminating against, refusing to hire, or terminating employees solely based on their status as a medical marijuana patient. Become a medical marijuana patient today from the comfort of your own home!
Take the steps to schedule your medical marijuana evaluation appointment today and get access to legal marijuana products available at dispensaries!
Being a West Virginia medical marijuana patient allows you the freedom to take your medication the right way for you. We’re dedicated to helping patients every step of the way! Feel free to give us a call at 877-303-8424 and we can answer your questions about getting a medical marijuana card in West Virginia.
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West Virginia Marijuana Card’s mission is to help everyone achieve
wellness safely and conveniently through increased access to medical marijuana.
Our focus on education, inclusion, and acceptance will reduce the stigma for
our patients by providing equal access to timely information and compassionate care.
If you have any questions, call us at 877-303-8424, or simply book a medical marijuana evaluation to start getting relief you can trust today!
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