Now back to the original question that prompted this column regarding telling your doctor about having an MMJ card and being concerned about getting fired or drug tested because of it . As you have likely guessed , the answer is yes ; either of these can definitely happen ( unfortunately ). Getting a job with an MMJ card is not specified protection under Amendment 2 . Due to clashing federal law , employers are in the position to terminate or deny employment because of it . Even though Missouri legalized medical cannabis in 2018 , cannabis is still listed as a Schedule 1 Controlled Substance and still federally illegal .
This also goes for drug testing in the workplace . Even though your right to access medical marijuana is protected under Missouri ’ s constitution , no language in Missouri ’ s Amendment 2 prevents employers from conducting pre-employment and ongoing drug screenings , as well as disciplinary action upon testing positive for THC . Some states have provisions written in their laws to protect patients from drug testing , but Missouri is not one of them .
I would like to believe that simply disclosing that you have an MMJ card ( whether to your doctor or your employer ) won ’ t get you fired , but there also aren ’ t any protections for that either . An employer can still choose to fire you if they discover you ’ re a Missouri MMJ patient , as there ’ s no law saying they can ’ t . Some may push that this would be wrongful termination ( self-included ), but Missouri is an “ at-will ” state . This means employers can generally fire you at any time despite certain circumstances , even if you have a contract that guarantees your job for a certain length of time .
There is still much to be done in terms of advocacy and policy reform to protect some ( what I see as ) very basic consumer rights when it comes to cannabis , with my top three being 1 ) home grows , 2 ) drug testing in the workplace and 3 ) social consumption .
For now , it is generally better to err on the side of caution , even though , in concept , it is not fair or just .
Notice : This publication provides general information only . It should not be construed as formal legal advice or the formation of a lawyer / client relationship . Always consult your attorney for any legal advice .
Have a cannabis education related question for Leah ? She ’ s a St . Louis native and a cannabis activist since 2010 ! Leah is excited to help answer all your medical marijuana questions . Please send questions to
leah @ theweedblog . com . Your question may be featured in a future issue of The EVOLUTION Magazine .
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