Which careers ban weed in legal states?
When a state legalizes marijuana, citizens who once hid their marijuana use can freely buy and participate in what was previously forbidden. While this is liberating for many people living in a state where weed is now legal, this freedom does not apply to everyone.
Just because marijuana is legal in a state doesn’t mean all of its residents can get high. In fact, there are several jobs and career paths that still have a total ban on marijuana use. In other words, just because marijuana is legal where you live doesn’t necessarily mean your job can’t fire you for indulging in some THC. But what types of jobs still prohibit marijuana in states where weed is legal?
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federal employees
Many states have legalized marijuana in some form, but it still remains illegal at the federal level. For this reason, all federal employees remain subject to a zero-tolerance drug policy. This applies to all federal employees, not just the military.
Corresponding NORMAL“Federal employees may be refused employment or terminated for testing positive for marijuana metabolites, even if their use is consistent with state law.” This ban currently applies to all federal employees and even extends to veterans who are themselves otherwise qualify for medical marijuana use.
This veterans’ issue is a particular bone of contention because some believe veterans suffering from PTSD could benefit greatly from medical marijuana. The Safe Harbor Act is a bill that hopes to fix this problem.
Safety-critical positions
Another type of job that could get you fired for using marijuana in a legal state is a category of jobs called security sensitive positions (SSP). “Safety-sensitive generally means that a position involves an aspect of heightened danger that requires an employee’s full and unrestricted ability and judgment to perform his or her job safely.” said attorney Mary Will of the Society for Human Resources Management.
Some positions that often fit this category include non-government aviation and transportation workers, as well as many who work in the medical field. However, the exact list of security sensitive items depends on the state you live in.
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Each state that has introduced these safety-related carve-out regulations handles them differently. The precise definition of a security-sensitive position is defined and handled differently in most countries. Without federal support for legalization and oversight, the concept of security sensitive items will continue to vary from state to state.
Medicine vs. Recreational Use
According to the National Conference of State Legislators (NCSL), as long as employees do not commit violations, e.g. B. bringing cannabis to work, and “not working in a job where impairment could cause serious harm to others, and not working in a state job, employers cannot consider the medical cannabis use or positive drug test results.”
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While this doesn’t apply to federal employees or those who fall under the category of “security-sensitive positions,” it’s important to realize that standard employers must take your prescription and use of medical marijuana seriously, and it’s often protected by law.
Nevada even goes so far as to require employers to make reasonable accommodations for those who have a medical condition that requires the use of medical marijuana.
The future of weed in the workforce
Like much of marijuana policy, the future of marijuana in terms of employment will largely remain in limbo until federal legalization action comes through. However, there are glimmers of hope regarding the potential relaxation of some federal policies.
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A memo from the Office of Personnel Management can shed some light on where marijuana policy is headed as it becomes increasingly difficult to find qualified candidates for open positions. “As more and more state laws have changed, federal agencies are increasingly encountering individuals whose knowledge, skills, and abilities make them well qualified for a position, but whose marijuana use may or may not be significant in determining the individual’s suitability or fitness for the position position,” the memo reads.
While the memo does not provide clear intentions for future policy, it does show that current federal drug screening policies may restrict many talents in the hiring pool. Perhaps the big layoff and its lasting impact on the workforce will help federal and other employees finally enjoy recreational marijuana without fear of losing their jobs.
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