Can I be disqualified from a job for testing positive for marijuana?

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Can I be disqualified from a job for testing positive for marijuana?

I have a new job, contingent on passing
background checks and a pre-employment
screening. Can I be disqualified for
testing positive for marijuana even
though recreational use is legal In
Maine?

Asked on May 7, 2018 under Employment Labor Law, Maine

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes you can be disquaified from employment for using marijuana. The fact is that being a marijuana user does not place you in a legally "protected class". In other words, unlike discrimination based on race, religion, disability age (over 40) nationality, gender, etc., you can be given lesser treatment sue to your marijuana use, even if it is legal under state law. Accordingly, a company can disqualify a prospective applicant from employment due to such use. Bottom line, absent some form of leally actionable discrimination (as outlined above), an employer can set the conditions of the workplace much as it sees fit.


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