Up in Smoke

Lighting up a legal joint—even for medical reasons—could get you laid off

TO THOSE THINKING they can’t get fired for smoking medical marijuana, think again.

In an article for Fortune, Kabrina Chang, clinical associate professor of markets, public policy & law, cites the case of a Maine resident whose doctor advised her to use medical marijuana to control her severe back pain and avoid the debilitating side effects of prescription painkillers. When Brittany Thomas’ employers told her she would have to complete a drug test, she informed them she was a registered medical marijuana user and would fail the test. She did fail—and her employment was terminated.

While recreational and medical marijuana usage is gaining acceptance across the country, people who smoke marijuana for medicinal purposes, like Thomas, can still get fired for failing their employers’ drug tests in most states. In Colorado, where recreational marijuana is now legal, workers can be laid off, even if consuming pot for medical reasons—the marijuana law there allows employers to impose any drug policies they deem appropriate.

Chang says US lawmakers must clarify how companies should handle these situations. Using marijuana remains a violation of federal law regardless of a state’s law, which leaves workplaces with a serious conflict: employees have no protection and employers have no guidance.

“Medical marijuana isn’t going away; its acceptance is only gaining momentum,” writes Chang. “However, its support is only meaningful if users don’t lose their jobs.”