Quote:
Originally Posted by bossku69
Question...
Say you have a legitimate excuse (  ) and have a "prescription" for medical marijuana. However, you work for a company and they drug test you. You get tested and test positive for THC... they can you for being a pot head.
Would you have any recourse because you had a prescription?
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I'm not a lawyer, but I believe a company in most circumstances can fire an employee that fails a drug test, if drug testing is required for the job. Here is something I found on the subject:
Quote:
SB420 (the California's Medical Marijuana Law) does not require accommodation of medical use of marijuana at any place of employment. Under Mower, patients may have a strong argument in state court that medical marijuana recommendations should be respected. However, employers have broad discretion to reject job applicants in pre-employment tests.
Prop 215 is no defense where drug testing is required under federal regulations. If you must take a drug test, the best defense is a Marinol prescription.
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Anyone faced with such a situation should consult one of the many resource sites on the web or seek legal counsel if they feel it is necessary.
Here are a few good Cannabis Resource websites:
http://www.sanfranciscocannabisclubs.com/
http://www.stonerforums.com/
ADG