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.
Employment / Labor Attorney
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.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
2 lawyers agree
Administrative Law Lawyer
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.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
3 lawyers agree