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

Asked over 1 year ago - 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. Marilynn Mika Spencer

    Contributor Level 20

    4

    Lawyers agree

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    Answered . 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... more
  2. Patrick John Phillips

    Contributor Level 17

    3

    Lawyers agree

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    Answered . 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... more
  3. Jacob Iraj Kiani

    Contributor Level 9

    Answered . 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.

    The information contained in this email is for informational purposes only and does not constitute legal advice.... more
  4. James M. Osak

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . 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... more

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