Medical Marijuana question regarding my job?

i have a big question, serious answers only, please! i am a regular medical marijuana user and i am currently employed with a security company (Securitas) and I am a contract worker for Exxon Mobil. i just got hired this year, and passed my urine test. i have not smoked since then because i know Exxon Mobil will be randomly drug screening me. What I want to know is, can I get fired if I come up positive for marijuana? I have verification that I am legally on MMJ, I have a medical card and all my doctor's paperwork. I live in the state of California. Thanks for all your help!!! :) peace to all :)

FYI My job does not require me to operate a vehicle and I stay inside an office setting. I basically weigh in trucks at the scale, and there is no way I can harm myself or others around me.

The California Supreme Court has recently ruled that an employer can terminate an employee for using MJ, even upon a MD's recommendation. (Ross v. RagingWire Telcommunications, Inc. (2008) 42 Cal. 4th 920.) However, there is a bill pending in the Legislature which would make it unlawful to discriminate in employment based upon authorized use of MJ, so long as it is not used at the place of employment. If this law passes, it will not matter that MJ possession violates federal law--it will be unlawful in California to engage in employment discrimination on that basis.

Bottom line: right now you can be fired. Next year: maybe not.

I think it depends on your employer's policies regarding drug use in general. My best guess is that it would be treated like any other narcotic that is prescribed and if you come up dirty you would just have to give them your prescribing doctor's info and what it is prescribed for. Have you tried asking them? Maybe in a way that doesn't imply you use it so you don't get into trouble if they have a strict policy?

Random drug tests are usually required by the insurance carrier for a company, so even if it is legal use, it may not be up to your employer to make that judgement. When insurance companies are involved it is hard to predict how it would be looked at. Call an insurance agent and see what you can find out ?

I think the answer is obvious now, what you have to remember is that your boss is running a business.
TO have one of their employess, or one of the 'cogs' in the wheels be impaired on the job then it can negatively effect the whole business.

I think it is best that you talk to your boss. Make him/her aware that you are prescribed MMJ, but that you will refrain from using it at or before work.

This way if it ever comes up, they will be prepared.

Yes, you can be fired. Just like anyone can be fired if they are impaired at work. Your employer will not accept the HUGE liability of someone being at work while impaired whether it is prescribed pot, prescribed pain killers or alcohol.

Legally or not you would be impaired.

Yup....it is a forbidden substance to use in the workforce...if you need to use it you should take the time off....even more so if your job has any risk to you or your coworkers.....your directing HEAVY TRUCKS ON AND OFF A SCALE AND YOU DONT KNOW HOW YOU CAN CAUSE DAMAGE?...sorry but errors can be made...and more so when under the influence....

Here's your answer: It's STILL illegal.

California playing with "Legal" Medical Marijuana is like your Ex telling you that you can't date.

They're both serious when they say it, but have NO authority.

You stand to lose your job AND go to jail.

Marijuana cannot be legally perscribed by any physician. It's listed as a Schedule I drug by the DEA. Your employer will not be impressed by your doctor's perscription.

http://www.usdoj.gov/dea/pubs/scheduling...

absolutly and it's happening every day. There has been a recent court decision on this matter. Even if you only use at night and/or never use while at work it still shows in a drug test and you are subject to be fired

There will have to fire you on medical disability/ disqualify. You can't do that job for medical reasons.

no you have dr orders 4 if but u should talk to ur dr about it so when the time comes you will be ready with the papers and he can advise u the steps to take

Not if your state recognized that MMJ is legally prescribed in the state for medical purposes. However, I have not seen any evidence that any of the states have approved its use at this time.

The MMJ would act just as a prescription for any controlled substance. When it shows up in your drug screen, all you have to do is show the proof and you should be all set. If you are fired however, do not be surprised.

I just finished reviewing an old case file regarding two Native Americans that used some type of herb for religious purposes, however, it was illegal in the state where they were employed, and thus they were fired. However, it was appealed to the Supreme Court and they won the case for wrongful termination. As I stated in this case, it was illegal in the state which they were employed but the Supreme Court still ruled in their favor.

I hope this answers your question.

Best wishes.

ADDITIONAL INFORMATION:

I am not sure who gave me a thumbs down rating for my answer. But I will further answer your question since you have indicated that it is legal in your state.

No, you cannot be fired from your job. If it is legal in your state it will be considered a controlled substance just as any narcotic would be. I which case the same would apply if an employee tested positive for narcotics. The employee must provide proof validating that it is medically prescribed to you for medical reasons.

If your employer does fire you, you will have a good lawsuit. You can refer to the case study I mentioned above. I am assuming you are prescribed the MMJ for a serious medical condition which would also come into play. The legal system will look at your termination as a discharge due to your medical condition which depending on what your medical condition is could be covered under the ADA.

Therefore, I would not discuss the topic with your employer until you have actually failed a drug screen. The companies who are contracted to conduct the drug screens have doctors who you can call to discuss your results, you will then provide the necessary proof to that doctor and your drug screen results will be changed to reflect that the drug found in your system is prescribed. Therefore, it would not be considered a failing drug screen.

I hope this clarifies your question. If you would like additional information regarding the specific laws that cover your situation, please let me know.

Sorry to whoever gave me a low rating for my answer.

Best wishes.

It is still against the Federal law so eventually you lose.