question about getting my mmj card

[I<3Hallucinogens]

in california, is at actually legal for a company to hire you, drug test, fail with only marijuana in your system, and get fired because of that even though you have your card?
other question is what if you are on marinol and test positive for mj? isnt that exactly the same as if you were prescribed say, vicoden? or does it metabolize differently? answers are greatly appreciated, thank you

EDIT: not looking for legal advice, just thinking mmj would help me out alot and trying to weigh the pros and cons

 

[Jibult]

in california, is at actually legal for a company to hire you, drug test, fail with only marijuana in your system, and get fired because of that even though you have your card?

It is absolutely legal for an employer to do this. The legal precedent would be Casias v. Wal-Mart Stores, Inc.



http://www.onmedicalmarijuana.com/michigan-case-law-2/casias-v-wal-mart-stores-inc/


[EDIT: And upon further reading, it seems the Court's decision was upheld in appeal last September or August, so it's probably not going to change without a hell of a push.]

 

[I<3Hallucinogens]

i like this quote alot,

A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act . . .

and im not sure about you but i would consider it a "penalty" to be fired from your job for failing a drug test because of having your mmj card. not arguing or anything i understand the precedent, i just think its stupid as fuck :/

 

[Jibult]

i like this quote alot, and im not sure about you but i would consider it a "penalty" to be fired from your job for failing a drug test because of having your mmj card. not arguing or anything i understand the precedent, i just think its stupid as fuck :/

The stupidest part is that the Court determined that the word "business" in that legislation is an adjective describing-- you know what, fuck it. I don't even understand what they said:

The Court disagreed, finding that the word “business” is not meant to stand alone, but instead, modifies the phrase “occupational or professional licensing board or bureau.” Thus, the statute was intended to protect against disciplinary actions by state board or bureaus, not regulate all private employers.

It's retarded, I agree... but then, so would be allowing the government to tell private employers who they can and can't hire outside of protected classes. It's give and take.


[EDIT: Shit, it just hit me. I saw the words, I even read them... but I didn't understand them until like 15 seconds ago.]

 

[Captain.Heroin]

It's a sticky situation.

If your MMJ doctor indicated your use of MMJ was for addiction recovery purposes (to help prevent relapses on heroin, etc.) then the Americans with Disabilities Act would protect you as a recovering addict.

It really depends on what your use of marijuana is for.

 

[Jibult]

It's a sticky situation.

If your MMJ doctor indicated your use of MMJ was for addiction recovery purposes (to help prevent relapses on heroin, etc.) then the Americans with Disabilities Act would protect you as a recovering addict.

It really depends on what your use of marijuana is for.

That's a clever loophole.

 

[I<3Hallucinogens]

^this ^ ^

but mine would not be for a recovering addict, not really addicted to anything except maybe fast food, but that definitely wont help there

 

[Captain.Heroin]

That's a clever loophole.

Yeah, I should have probably gone to law school.

 

[Jibult]

Yeah, I should have probably gone to law school.

I guess that'd depend on if you discovered the loophole on your own or if somebody had to inform you of it.



IHallucinogens, while the law isn't exactly protecting you in this case, I feel like most smaller employers in CA wouldn't have huge issues with employing demonstrably responsible MMJ patients. I think the problem would be with the huge corporate giants like Wal-Mart, Target and the like trying to apply corporate rules uniformly across all 50 states here in the US. Consider that an uneducated opinion, though, because it's just how I feel. I've got no thoughts or specific experiences to really back that up.

 

[I<3Hallucinogens]

well i mean ive definitely heard of some places that will accept that as a reason to why you failed a drug test, and will just leave it at that, but i know of some places too that absolutely reject it and will have nothing of it. that would make sense though, with the legality differing across all 50 states that they just have a blanket policy that has to adhere to all states. just think its kinda funny how dc has mmj if i recall correctly, but its not federally recognized yet :/