If I have a medical marijuana card, can I be fired for drug use?

Earlier this year I was hired at a hotel. Upon getting hired, I revealed that I had a medical marijuana card from a neighboring state. My supervisor talked with the general manager and they told me that it was OK. Then 2 months ago, they had me take a drug test and I was fired for having marijuana in my system. Is this legal?

Asked on November 10, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, it is most likely legal if you do not have an employment contract protecting your employment. Without an employment contract, you are an employee at will; an employee at will may be fired at any time for any reason, including for using otherwise legal substances, such as alcohal or tobacco--or medical marijuana.


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