Should You Disclose Medical Marijuana on a Job Application?

Medical marijuana has been legal in Oklahoma for more than four years. Dispensaries have popped up across the state, and new tax revenue is rolling in.

When it comes to work, the law is clear: Employers may not discriminate in hiring, firing or work conditions based on people holding a medical marijuana license. In fact, they generally can’t use drug tests against people who take marijuana legally.

But people applying for jobs still may get confused.

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Here’s the most important thing to know: If a job application asks if you have a medical marijuana license, you must answer truthfully. Giving false information provides grounds for termination.

Things get a little hazier if applicants are not specifically asked if they can legally use cannabis. We don’t recommend providing personal medical information unless you need to.

However, if a potential employer requires a drug screening, which is legal, it serves an applicant’s interest to explain why the results may come back positive.

People also need to be aware employees don’t have the right to be under the influence of cannabis at work, and people who have safety-sensitive jobs face stricter restrictions.

If you get a hurt and make a workers’ compensation claim, things aren’t clear. Drug testing is common after accidents, but if a company doesn’t have a policy in place barring people who hold medical marijuana licenses, the burden shifts to employees to prove they weren’t impaired. But if the employee demonstrates they were not under the influence, they should be eligible for compensation.

Contact Our Workers’ Compensation Attorneys

Johnson & Biscone will always stand with workers. If you find yourself in a sticky situation over cannabis you can legally use, please give us a call at 405-232-6490 to discuss the best way to protect your rights.

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Oklahoma City, OK

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