While lawfully using a medical marijuana card may prevent you from being arrested, what happens if you test positively for marijuana on a drug test issued by your employer?
Many cardholders are skeptical about using medical marijuana as treatment, because although they may stay out of jail, they may also be out of a job.
According to Oklahoma statute, employers may not discriminate against or penalize a medical marijuana user solely because of their status as a license holder or their results of a drug test showing positive for marijuana, with some exceptions.
Of course, employers still have the right to act if an employee possesses, uses, or is impaired by marijuana while on the job. And, if the applicant or employee is not in possession of a valid medical marijuana license, then the Acts protections do not apply.
The most significant development in Oklahoma Marijuana law comes into play when an employee has a safety-sensitive job, which include:
Working with hazardous materials;
Operating motor vehicles, equipment, machinery, or power tools;
Repairing, maintaining or monitoring heavy equipment or manufacturing, if a malfunction could result in personal injury or property damage;
Operating, maintain, or supervising a critical infrastructure i.e. utility service
Working with flammable or combustible materials;
Carrying firearms; or
Providing direct patient or child care services
If you have one of these positions, you likely do not have protections against employer actions because of Oklahoma Medical Marijuana and Patient Protection Act. If you do not know if your position qualifies for protections, our team is here to assist you.
At Mazaheri Law Firm, we are dedicated to providing strong representation for employees who have been discriminated against or have had their labor rights violated. We advocate for the rights of all our clients and we aggressively pursue the justice that they deserve. Our team of experienced lawyers is familiar with disputes between workers and their employers. Let us use our resources to help with your case today.
Call (405) 645-6022, or contract our Oklahoma City employment law attorneys to set up a consultation.