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Can I be fired from my federal employment for using medical marijuana?

San Francisco, CA |

I am a federal employee in a non drug testing position. Can I face any repercussions for attaining a medical card and using medical marijuana?

Attorney Answers 4


  1. Of course you can. Federal law does not recognize medical marijuana use as an exception to the federal prohibition against marijuana possession, sales and use. Certainly you've read about the federal government's closures of dispensaries and even delivery services in California.

    twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  2. Yes, you can be fired. California legislation has been in the works to protect individuals using medical marijuana for a qualified disability, but even if that legislation passed (which itself is highly questionable), there is a conflict between state and federal law with regard to whether marijuana is legal in the first place. Given that use of marijuana is against federal law and you are a federal employee, I don't see the analysis is being any more complicated than that.

    I hope this helps.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.


  3. YES. The FEDS have all sorts of extra
    employment restrictions than states
    or private employers. HOW is the
    "guberment" going to know . . .
    you going to advertise it in a
    newspaper? Do you have periodic
    "testing?" You can take a chance
    and get your MMC but remember
    that if tested (or "snitched" on)
    you COULD lose your position.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.


  4. Yes it is against federal law, and even if it weren't, a CA employer can still prefer to have drug free employees. It's not a protected class.

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