If I am a medical marijuana license holder can I be terminated if I test produce for thc on a random drug test?

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If I am a medical marijuana license holder can I be terminated if I test produce for thc on a random drug test?

I have the license and my company put a rider
on the drug policy that made it seem ok to have
medical marijuana, but now they say if I test
positive I will be terminated.

Asked on January 3, 2019 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Under the Supemacy Clause to the Constitution, federal law does generally override state law. (Federal law is "supreme.") If your company is under federal regulation or could lose federal licensing, subsidies, contracts, etc. for drug use in the workplace, then they are correct: state law will not apply. If state law and its employment protections do not apply, you could be terminated for testing positive for THC, since it is still an illegal drug under federal law.


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