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Can You Pass a Drug Test at a Job if You Have a Medical Marijuana Card?

by Neil Kokemuller

Despite the fact that many states have legalized marijuana for medical use, employers typically still have the right to not hire or terminate an employee for drug use, according to a May 2013 "Fortune" article. In court cases, judges have ruled that the federal Controlled Substances Act that prohibits marijuana supersedes employee rights under state laws.

Drug Test Challenges

Many employers maintain zero-tolerance drug policies, meaning that any positive test for drug use results in automatic termination. In April 2013, California Rep. Dana Rohrabacher introduced the "Respect State Marijuana Laws Act of 2013" to enhance rights of people with medical protection for marijuana use in their states. As of November 2013, this bill hadn't passed. Thus, your employment is at risk if you use medical marijuana and lose your job.

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