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Posted 01/10/2023 in News by HappyMD

Can You Get Fired for Medical Marijuana in Maryland


Can You Get Fired for Medical Marijuana in Maryland

Explore if  You Can Get Fired for Medical Marijuana in Maryland


In Maryland, MMJ  is legal and employers are not allowed to discriminate against employees for their participation in the state's medical MMJ . However, an employer is not required to accommodate the use of MMJ on the job or allow an employee to be under the influence of marijuana while working. Additionally, if an employee's use of MMJ  would cause the employer to violate federal law or lose a federal contract or funding, the employer may take action against the employee.


You Can Get Fired for Using Medical Marijuana in MD

It is possible for an employee to be fired for using MMJ in MD, although there are certain protections in place for medical cannabis patients. Under Maryland law, employers are not allowed to discriminate against employees for their participation in the state's MMJ  program. However, an employer is not required to accommodate the use of MMJ  on the job or allow an employee to be under the influence of marijuana while working. Additionally, if an employee's use of MMJ would cause the employer to violate federal law or lose a federal contract or funding, the employer may take action against the employee. So, even if an employee is using marijuana for medical purposes, their employer is not obligated to accommodate such usage.

Can You Get Fired for Medical Marijuana in Maryland

Can You Get Fired for Simply Having a Medical Marijuana Card in MD? 

In MD, it is illegal for an employer to discriminate against an individual solely on the basis of their possession of a valid MMJ rec. This means an employee cannot be terminated solely for having a valid MMJ rec, however, an employer is not required to accommodate the use of medical marijuana on the job or allow an employee to be under the influence of marijuana while working. Additionally, if an employee's use of MMJ would cause the employer to violate federal law or lose a federal contract or funding, the employer may take action against the employee.


Do Medical Marijuana Patients Have Any Recourse if Fired in MD? 

In MD, medical cannabis patients have some legal protections against discrimination by employers. It is illegal for an employer to discriminate against an individual solely on the basis of their possession of a valid medical cannabis certification. However, as I mentioned earlier, an employer is not required to accommodate the use of medical cannabis on the job or allow an employee to be under the influence of cannabis while working.


If an employee believes they were terminated due to their status as a medical cannabis patient, they may file a complaint with the Maryland Commission on Civil Rights. The Commission can investigate the complaint and may take legal action on the employee's behalf. Additionally, an employee can also consider filing a lawsuit against the employer for wrongful termination.


It's worth noting that, however it's always important to consult with a attorney if you're thinking of taking legal action and they can help you to understand your rights and options.



Protecting Yourself as a MD Medical Marijuana Patient in the Workplace

As a MMJ patient in MD, there are several steps you can take to protect yourself in the workplace:


Understand your rights: Know that it is illegal for an employer to discriminate against you solely on the basis of your possession of a valid Maryland medical marijuana card.


Communicate with your employer: If you are a MMJ patient, consider disclosing your status to your employer. This will allow them to understand your medical needs and may help to prevent misunderstandings or potential discrimination.


Be aware of your employer's drug policy: Many employers have drug-free workplace policies. If your employer does, make sure you understand the policy and how it applies to MMJ use.


Be mindful of your use: Do not consume MMJ while on the job or while performing job-related duties, or in the working hours, it could be seen as being under the influence at work


Be prepared to provide documentation: If an employer has concerns about your MMJ use, they may request documentation from your physician. Be prepared to provide this documentation if necessary.


Seek legal advice: If you believe you have been discriminated against in the workplace due to your MMJ use, consult with an attorney who can advise you on your legal options and rights.


It's important to note that even though you have a MMJ card, it does not give you a free pass to consume marijuana at work or be under the influence of marijuana while working, employers have the right to maintain a drug-free work environment, and being under the influence of marijuana can impair your ability to perform your job.


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