Can my job fire me for medical marijuana

[Kmfier]

What is the name of your state (only U.S. law)? New York

I work at UPS as a loader right now and they don't drug test. I want to become a driver, but they do drug test for that position. I wanted to know if they can fire me if I were to get medical marijuana. I would never smoke it on the job. It benefits my way of living and makes my health issue a lot better. I would be smoking it at home but obviously it would be in my system if they drug tested me. Can they fire me for having it in my system but I have medical weed? I live in New York

 

[CTU]

What is the name of your state (only U.S. law)? New York

I work at UPS as a loader right now and they don't drug test. I want to become a driver, but they do drug test for that position. I wanted to know if they can fire me if I were to get medical marijuana. I would never smoke it on the job. It benefits my way of living and makes my health issue a lot better. I would be smoking it at home but obviously it would be in my system if they drug tested me. Can they fire me for having it in my system but I have medical weed? I live in New York

Yes, they can.

 

[cbg]

If you tested positive for alcohol on the job, wouldn't you expect to be fired even if you weren't drinking on the job? This is no different.

FYI, in New York if you are smoking it, you are in violation of state as well as law. NY allows for medical marijuana for certain specified medical conditions but the bill does not provide for smoking it.

All the more reason why you can be fired for testing positive.

 

[adjusterjack]

Here are your options:

1 - Upgrade your job and pay from warehouse grunt to driver.

2 - Smoke weed and stay a low paid warehouse grunt.

Which would you prefer?

 

[Kmfier]

If you tested positive for alcohol on the job, wouldn't you expect to be fired even if you weren't drinking on the job? This is no different.

FYI, in New York if you are smoking it, you are in violation of state as well as law. NY allows for medical marijuana for certain specified medical conditions but the bill does not provide for smoking it.

All the more reason why you can be fired for testing positive.

I wouldn't test positive for alcohol because I wouldn't be drinking (smoking) before I work, I'd only be using it to help me sleep or with my appetite. I would be taking the medical marijuana from the dispensaries (oil/pill) but THC would still be in my system. I have an actual medical condition and could get medical marijuana, but definitely won't try it if I can get fired.

 

[FlyingRon]

Just because you have a "medical condition" or even a prescription for a given drug doesn't automatically make it legal to drive with it in your system. There are a whole class of COMPLETLEY state and federal legal (not just your alleged medical marijuana dodge) that make it ILLEGAL to operate a vehicle. Further, if we're talking about a CDL, the tolerances are even less. YOU CAN NOT BE A CDL DRIVER IF YOU ARE TAKING MARIJUANA (LEGAL OR OTHERWISE).

 

[Kmfier]

Just because you have a "medical condition" or even a prescription for a given drug doesn't automatically make it legal to drive with it in your system. There are a whole class of COMPLETLEY state and federal legal (not just your alleged medical marijuana dodge) that make it ILLEGAL to operate a vehicle. Further, if we're talking about a CDL, the tolerances are even less. YOU CAN NOT BE A CDL DRIVER IF YOU ARE TAKING MARIJUANA (LEGAL OR OTHERWISE).

I think I understand what you're saying. So the only option I have is to wait for the laws to change? It sucks because THC stays in your system for so long, even if you use it 1 time, so even if I smoked a week before it'd still be in my system. Also, to drive the regular UPS trucks, you don't need a special license. You need a CDL license to drive the big trailers, but I won't be able to do that for a very long time. Weed really helps with my Crohn's, but my career is more important, so I guess I'll have to wait.

 

[ajkroy]

Marijuana has many positive medical effects, but it also has negative ones. Think of it like this: if you had been prescribed Percocet or Oxycontin for an actual medical condition, your employer wouldn't allow you to use those during work (and if UPS drivers are regulated by DOT, you may have to finish the prescription on light-duty before being allowed to drive professionally again).

As you pointed out, THC stays in your system longer, but it is what it is. If you haven't started using medical marijuana, you won't have missed out on anything.

 

[eerelations]

[/QUOTE]If you haven't started using medical marijuana, you won't have missed out on anything.[/QUOTE]

He has been smoking pot already.

 

[FlyingRon]

The laws aren't going to change. Nobody is going to allow you to operate commercial vehicles while intoxicated be it alcohol, marijuana, or prescription narcotics.
There's no right to jeopardize everyone else because you want to drive stoned.

 

[Kmfier]

The laws aren't going to change. Nobody is going to allow you to operate commercial vehicles while intoxicated be it alcohol, marijuana, or prescription narcotics.
There's no right to jeopardize everyone else because you want to drive stoned.

I think you're misunderstanding me, I would never drive while intoxicated. If I were to smoke on a Saturday morning because I wasn't feeling good, it would still be in my urine on Monday, even though effects only lasts 2-3 hours. I don't want to smoke during work, I want to be able to smoke when my stomach has a flare up, but don't want a random drug check be able to get me fired.

Marijuana has many positive medical effects, but it also has negative ones. Think of it like this: if you had been prescribed Percocet or Oxycontin for an actual medical condition, your employer wouldn't allow you to use those during work (and if UPS drivers are regulated by DOT, you may have to finish the prescription on light-duty before being allowed to drive professionally again).

As you pointed out, THC stays in your system longer, but it is what it is. If you haven't started using medical marijuana, you won't have missed out on anything.

I would never smoke intoxicated, and I already smoke now but I have to quit to get the driver position. I want to know for when I become a driver

 

[Kingstien]

i would never smoke intoxicated, ...

ok

 

[FlyingRon]

I think you're misunderstanding me, I would never drive while intoxicated. If I were to smoke on a Saturday morning because I wasn't feeling good, it would still be in my urine on Monday, even though effects only lasts 2-3 hours. I don't want to smoke during work, I want to be able to smoke when my stomach has a flare up, but don't want a random drug check be able to get me fired.

Understand that you are still impaired even if you don't think you're high. The rules are simple. YOU CAN BE LEGALLY FIRED FOR THIS. YOU CAN BE LEGALLY CONVICTED FOR THIS.

If you're going to take serious drugs, there are going to be restrictions on driving period and severe restrictions on commercial driving (and for that matter all forms of flying).

 

[ajkroy]

If you haven't started using medical marijuana, you won't have missed out on anything.[/QUOTE]

He has been smoking pot already.[/QUOTE]

Thanks, I missed that part. I only focused on him saying he was considering getting the oil.