Should You Tell Your Company About Your Medical Marijuana Card?

As medical cannabis becomes increasingly accepted for treating various conditions, many people in Ohio are obtaining medical marijuana cards to access cannabis legally. However, this raises important questions for employees and job seekers that should they tell their employer about their medical marijuana card, and how will it affect their job?

Navigating the legal, personal, and professional implications of this decision is crucial. Let’s explore the factors involved in making an informed choice.

Medical Marijuana Cards and Employment Laws

Ohio’s House Bill 523, signed by Governor John Kasich in 2016, established a Medical Marijuana Control Program, allowing patients with qualifying conditions such as chronic pain, PTSD, and cancer to access medical cannabis. However, while medical marijuana is legal in Ohio, it remains a Schedule I drug under federal law, creating potential conflicts between state and federal regulations.

The law grants patients legal protections for possessing cannabis but does not exempt them from employer policies. Employers in Ohio are not required to accommodate medical marijuana use and can maintain a drug-free workplace, including conducting drug tests. Understanding your rights and company policies is essential in navigating this complex landscape.

Does Having a Medical Card Affect Your Job?

One of the most common concerns is whether having a medical marijuana card will affect your job or not. The card itself may not be an issue, but a positive drug test due to medical marijuana use can lead to disciplinary action. Ohio laws often favor employers regarding drug use, allowing them to enforce zero-tolerance policies despite the state’s legalization of medical marijuana.

Does a Medical Marijuana Card Show Up On a Background Check in Ohio?

No, a medical marijuana card does not typically show up on a background check in Ohio. Medical marijuana patient records are protected under HIPAA compliance, ensuring that your status as a cardholder remains confidential and inaccessible to employers or other entities conducting background checks.

However, it’s important to note that while the card itself won’t appear on a background check, any related legal issues, such as criminal charges for illegal possession or use of marijuana, could potentially be flagged.

Pros and Cons of Disclosing Your Medical Marijuana Card

Pros of Disclosure

1. Transparency and Trust: Being upfront about your medical marijuana card can foster trust with your employer and prevent misunderstandings during drug tests.
2. Avoiding Legal Issues: If your job requires regular or random drug tests, disclosing your card can help clarify any positive test results.
3. Accommodation Requests: If medical marijuana is essential for your health, discussing your needs with your employer might lead to reasonable accommodations, similar to other medical treatments.

Cons of Disclosure

1. Risk of Discrimination: Although protected by anti-discrimination laws, disclosing your medical marijuana card could lead to bias or negative perceptions.
2. Job Security Concerns: Some employers may not be familiar with medical marijuana and could view its use negatively can affecting your job security.
3. Privacy Considerations: Your medical information is private, and you have the right to keep it confidential if it doesn’t affect your job performance or workplace safety.

Medical Marijuana and Drug Tests

Many employees wonder, “Can I fail a drug test with a medical card?” The answer is yes.

A positive drug test can lead to disciplinary action, even if you have a medical card. Ohio’s Drug-Free Safety Program incentivizes employers to maintain a drug-free workplace, often leading to mandatory drug testing.

Ohio’s Legal Landscape for Medical Marijuana Users

Ohio is an at-will employment state, meaning employers can terminate employees for any legal reason, including medical marijuana use. The Ohio Civil Rights Commission investigates discrimination charges, ensuring that employers don’t discriminate based on race, color, sex, religion, disability, national origin, ancestry, age, military status, or retaliation for protected activities.

While having a medical marijuana card is legal in Ohio, employers are not obligated to accommodate its use. House Bill 523 allows employers to maintain a drug-free workplace and take action against employees for medical marijuana use, including termination and denial of unemployment benefits.

Jobs That Accept Medical Cards

Finding jobs that accept medical cards can be challenging but not impossible. Industries such as technology, creative arts, and some healthcare sectors are becoming more accommodating as attitudes toward cannabis shift. However, certain safety-sensitive jobs, especially those requiring federal oversight, may not accommodate medical marijuana use due to stricter regulations.

Strategies for Disclosing Your Medical Marijuana Card

If you decide to disclose your medical marijuana card, consider these strategies:

1. Know Your Rights: Understand Ohio’s medical marijuana laws and your company’s drug policies before initiating a conversation with your employer.
2. Prepare Documentation: Have your medical marijuana card and physician’s recommendation ready to provide evidence of your legal use.
3. Schedule a Meeting: Request a private meeting with your employer or HR representative to discuss your situation professionally.
4. Educate Your Employer: Explain how medical marijuana helps manage your condition and differentiate it from recreational use to address potential concerns.

Privacy and HIPAA Protections

Medical marijuana card information is protected under the Health Insurance Portability and Accountability Act (HIPAA), it cannot be disclosed without your consent. Your card status will not appear on background checks, protecting your privacy. Employers are not entitled to access your medical information unless you choose to disclose it.

Legal Protections in Other States

Some states offer more robust workplace protections for medical marijuana patients. For example:

• Arizona, Connecticut, and New York prevent employers from firing employees based solely on positive drug tests if they have a medical card.
• California and Nevada provide protections for recreational cannabis use outside of work hours.

These protections highlight the evolving landscape of employment rights for cannabis users. While Ohio does not currently offer the same level of protection, understanding these trends can help anticipate future changes.

Drug Tests and Employer Policies

Having a medical marijuana card does not exempt you from drug tests. Employers can still require tests as part of their workplace policies. If you test positive, it’s essential to be prepared:

1. Understand the Policy: Familiarize yourself with your company’s drug testing policy and the potential consequences of a positive result.
2. Proactive Communication: If you know a drug test is scheduled, consider discussing your card with your employer beforehand to prevent misunderstandings.
3. Seek Legal Advice: If your employer takes action against you for medical marijuana use, consulting an attorney specializing in Ohio cannabis and employment law can help protect your rights.

Future Trends in Employment Protections

As public perception of cannabis shifts and more states legalize medical and recreational use, employment protections are likely to evolve. Federal legalization could standardize protections for medical marijuana patients, making it easier for employers and employees to navigate the legal landscape.

Major companies like Amazon have already relaxed drug testing policies for non-safety-related positions, reflecting changing attitudes. As the worker shortage continues and remote work becomes more common, more employers may adopt progressive policies accommodating medical marijuana use.

Conclusion

Deciding whether to tell your company about your medical marijuana card is a personal choice that requires careful consideration of legal, professional, and personal factors. By understanding Ohio’s laws, your employer’s policies, and your rights, you can make an informed decision that aligns with your circumstances.

If you’re concerned about how medical marijuana use may impact your job, consulting an attorney or seeking advice from a medical marijuana advocacy organization can provide valuable guidance.