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Not for the mainstream lawyer! Drug screen and medical marijuana.

Newhall, CA |

Applied for a really good (not health or safty related) job in which they are wanting to hire me however there is a drug screen test that I need to pass. I have a doctors recommendation to consume medical marijuana for a previous neck injury and need help/advice on how I can go about communicating myself in order to give me the best chance for the drug screen company to pass me due to medical issues. As far as I understand, the drug screen company will contact me if they detect anything and is not required to tell the hiring company any details other than that they have passed or failed me, not info about what drugs were detected ect. I really need advice on speaking with the rep/doc who will prob. call me to question me about their findings and how I can get them to say I can pass.

Attorney Answers 2


Your employer can refuse to hire you, or retain you if already hired, if you fail the drug test due to medical marijuana. Marijuana is still an illegal substance according to federal law, and an employer can refuse to employ you for using an illegal substance even if you have a prescription for it. Good luck, but you will likely not pass the test.

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Not sure why they wouldn't pass me, its for medical purposes and they will understand that under California law, it is acceptable under controlled conditions. I'm pretty sure I will pass.

Neil Pedersen

Neil Pedersen


Go ahead, but be prepared for disappointment.


I think you are misinformed about how the test reporting will go. The testing company is hired and paid by the employer. They will report the results of the test to the employer. I have handled many matters of pre-employment testing. I have never seen one where the testing company contacted the tested person and discussed the circumstances and facts underlying the test result.

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