Can Teachers Smoke Weed Without Losing Their Job?

Teachers are role models, and as professionals, they have to navigate many rules and regulations, not just in the classroom, but in their personal lives as well. With the increasing number of states legalizing marijuana, the question arises: can teachers smoke weed without risking their job?

If you’re a teacher who enjoys cannabis in your private time or even uses it for medical reasons, it’s important to understand the legalities and policies surrounding marijuana use in your profession.

Let’s dive deep into the facts, policies, and best practices to help you figure out where you stand.

First You Need To Understand The State Laws

The first thing to consider when asking if teachers can smoke weed is the state they live in. Cannabis laws vary widely from state to state, and even in states where marijuana is legal for recreational or medicinal use, teachers must still follow certain rules.

• Recreational vs. Medical Marijuana: Some states permit marijuana use for recreational purposes, while others allow it strictly for medical reasons. In many states, teachers who hold medical marijuana cards can use cannabis for treatment, but they must comply with their employer’s policies.
• State-specific Restrictions: Even in states where cannabis is legal, it may not be legal for teachers to use it at work, during school hours, or even outside of school. Teachers are still subject to federal regulations, and the use of marijuana is illegal under federal law, which can complicate matters for school districts that receive federal funds.

Criminal Record Considerations: Teachers with a criminal record, especially related to marijuana use in states where it’s illegal, may face difficulty finding employment.

Public school districts typically require a clean criminal background check, and any marijuana-related offenses in states where cannabis is still illegal could disqualify a potential teacher from being hired.

Teachers in states with legalized cannabis who have marijuana-related criminal records may still be impacted by this, particularly if they apply in states with stricter policies.

Can You Smoke Weed and Be a Teacher?

This is the question that many educators want an answer to. In short, the answer is it depends. It depends on several factors, including the state you live in, the type of school you work for, and whether you have a medical marijuana card.

• State Laws: In states where marijuana is legal, teachers can legally consume marijuana in their personal time, but this doesn’t guarantee they can use it without consequences at work. Marijuana use may still be prohibited during school hours, and school personnel are subject to the district’s policies.
• School District Policies: Even if marijuana is legal in your state, individual school districts can set their own policies. Some districts may have zero-tolerance drug policies that prohibit marijuana use altogether, even off-campus and outside of work hours.
• The Federal Factor: Marijuana is classified as a Schedule I drug under federal law. Schools receiving federal funding, including public school districts, must comply with federal regulations. This means that even in legal states, marijuana use could lead to job termination if the school district policy enforces federal policies.

Can You Be a Teacher With a Medical Card?

If you are a teacher who uses marijuana for medical purposes, you may be eligible for a medical marijuana card in your state. However, having a medical card doesn’t automatically protect you from potential job consequences.

• Medical Use vs. Recreational Use: Medical marijuana use is often subject to different regulations. In many states, teachers with a medical marijuana card are protected from discrimination in their private lives. However, this protection doesn’t always extend to the workplace. Teachers may be required to inform their school district about their medical marijuana use.
• State-specific Regulations: Some states, like California, protect medical marijuana users, including teachers, from termination due to legal medical marijuana use. Others, like Ohio, may allow teachers to use medical marijuana but still permit the school district to enforce drug-free workplace policies.

One of the first requirements for practically all teachers is to have a clean criminal record. If you are using medical marijuana in a state where it hasn’t been legalized, you are unlikely to be employed as a teacher.

Private vs. Public School Teacher Drug Testing

Public or private schools can drug test teachers, but nothing prohibits them from doing so. However, the costs inherent in administering drug tests are considerable, and not all schools choose to do so regularly.

• Public Schools: Public school districts must comply with federal laws, meaning marijuana use—whether recreational or medical—can be grounds for termination. Even if marijuana is legal in the state, public schools may still be hesitant to hire a teacher who admits to smoking, as it could jeopardize federal funding.
• Private Schools: Private schools, however, have more leeway to set their own rules. They may or may not conduct drug testing for teachers, and policies about marijuana use could be more lenient than those in public schools.

While drug testing for teachers isn’t widespread, school districts may conduct drug testing as a condition of employment or if there is suspicion that an educator is under the influence.

Recent Cases Involving Teachers and Medical Marijuana

Looking at real-world examples can provide insight into how teachers are affected by cannabis use policies. There have been several notable cases where teachers have had to navigate the complexities of medical marijuana laws while maintaining their positions.

Hawaii Random Drug Testing 2007

In 2007, Hawaii became one of the first states to introduce random drug testing for teachers. The state implemented the policy after several staff members were found using illegal drugs. However, the initiative faced significant pushback from teachers’ unions, and the program was eventually repealed by 2011.

Brevard County Schools in Florida 2021

In Florida, a teacher named Allison Enright was fired for using medical marijuana, despite having a valid medical marijuana card that allowed her to legally consume cannabis.

This case highlighted the ongoing conflict between state laws that permit medical marijuana and the federal government’s classification of marijuana as an illegal drug.

New Jersey Law Against Discrimination (NJLAD) 2020

In 2020, the New Jersey Supreme Court ruled that no employee, including teachers, could be fired for using medical marijuana legally. This decision under the New Jersey Law Against Discrimination (NJLAD) provided further protection for teachers who use medical marijuana as part of their treatment regimen.

What Kind of Drug Test Do Schools Use for Employment?

In most school districts, drug testing is required for new hires, and marijuana use may disqualify you from employment if detected. This is especially common in public schools, where federal regulations often mandate drug-free workplace policies.

• Urine Tests: The most common form of drug testing for teachers, as it can detect marijuana use within a few days to weeks of consumption.
• Hair Follicle Tests: While less common, some schools may use hair follicle testing, which can detect marijuana use over a longer period (up to 90 days).
• Saliva Tests: Rarely used in employment situations, saliva tests can detect marijuana use within a short window (usually within 24 to 72 hours of consumption).

Understanding what type of drug test your school district uses can help you assess whether your marijuana use will show up in testing.

Do Teachers Get Drug Tested When Hired?

In most school districts, drug testing is required as part of the hiring process. However, no state or federal law mandates it.

Some school districts, like those in Hawaii and Virginia, have considered implementing random drug testing for teachers, but these plans were shelved due to the high costs and privacy concerns.

In general, public schools may require drug tests at the hiring stage or if there’s suspicion that a teacher is using illicit substances. Private schools may or may not have such requirements.

Navigating School Policies on Marijuana Use

Every school district has its own policies regarding marijuana use. Understanding these policies is crucial for teachers who want to avoid jeopardizing their job. Here are key points to consider:

• Reviewing Employment Contracts: Make sure to check your employment contract for any clauses about drug use or substance abuse. Some contracts may explicitly prohibit marijuana use, even if it is legal in your state.
• Consulting HR Departments: If you’re unsure about your school’s policies, it’s always a good idea to consult the HR department. They can provide clarity on what’s acceptable and what’s not.
• Navigating Different School Types: The policies at charter, private schools, and public schools may differ. Private schools, for example, may have more lenient drug policies compared to public schools.
• Securing Written Authorization: If you have a medical marijuana card, ensure that you have written approval from your school district or HR department. This can protect you in case of any future disputes regarding marijuana use.

Conclusion

While the answer to whether teachers can smoke weed without losing their job isn’t simple, understanding the laws, school district policies, and federal regulations is key. As cannabis laws continue to evolve, so too will the policies that impact teachers.

Always be informed, know your rights, and, when in doubt, consult with your HR department. If you’re a teacher who uses marijuana for medical purposes, make sure to have the necessary documentation and understanding of your district’s policies to avoid any conflicts.