Can you be fired for marijuana use if you have a medical marijuana card?

I work from home in FL and am in the process of getting a medical marijuana card. I work for a company that is based in UT but I technically work out of the FL office. Can I be fired if I test positive for marijuana and am a medical card holder?

Asked on November 20, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can be fired for either or both of:
1) Having marijuana at work: a company can terminate people for even 100% legal intoxicants (e.g. alcohol) at work, and marijuana is not 100% legal, since it is still an illegal drug under federal law, and a company does not have to tolerate criminal actions or illegal substances at work. (This is a major problem with this nation's policies vis-a-vis both medical and recreational marijuana: no matter what a state does, until and unless federal law is changed, marijuana will remain an illegal drug.)
2) Being impaired at work--anyone impaired at work for any reason may be terminated, since companies don't have to accept the loss of productivity and liability risks that come with impairments.
So having a marijuana card and using marijuana away from work will not get you fired so long as you are not under its influence at work.


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