PigpenMcKernan t1_je1js3h wrote on March 28, 2023 at 7:11 PM

Don’t know anything about showing your card and the facility will not show results for that (plus if they just left it off, wouldn’t that be obvious to the employer? Hey, we paid for you to do a 5 panel drug test including Marijuana, how come you didn’t test for the marijuana?)

And they can absolutely not hire you or even fire you later even if you have a medical card. There has been talk about passing legislation to protect medical or rec users from being fired or not hired based on marijuana usage, but to my knowledge it hasn’t gone anywhere. Hell, the RI Senate introduced a bill recently that would have back door returned us to prohibition.

Theo_dore229 t1_je265bb wrote on March 28, 2023 at 9:30 PM

I think people are kind of misunderstanding what OP was trying to ask. There are 100% instances where people test positive for drugs and it’s removed from any report given to the employer. Painkillers, stimulants like adderall, and certain anti-anxiety medications will all show up on drug tests. If you provide a prescription for those medications when you fill out your paperwork prior to the drug test, they cannot reveal to the potential employer that you were taking those medications. It’s a HIPPA violation. On the flip side If someone has no prescriptions for those medications, then it will show that they tested positive for it.

This is what I believe OP is asking. If he has a medical marijuana card, will a positive marijuana result be treated like someone who is prescribed adderall and tests positive for amphetamine, or someone prescribed Vicodin, testing positive for opiates, etc. Unfortunately, I don’t know the answer. But I believe it likely varies quite a bit between employers, as there is no federal law like there is with HIPPA.

magentablue t1_je2esr7 wrote on March 28, 2023 at 10:29 PM

I work in onboarding for a staffing agency and in my experience MMJ is not handled like prescription medications are, even if a medical card is presented. The notes will say a card was verified but the test will show as being flagged positive.

That being said, we work with a bunch of federal clients and some accept a positive MMJ test if you have a medical card.

PigpenMcKernan t1_je2fdze wrote on March 28, 2023 at 10:34 PM

I understood his question and you are correct. It does not matter if you have a prescription for marijuana in the same way that a prescription for stimulants or painkillers would negate the positive test result. As long as marijuana is federally schedule 1 (or more likely as long as it’s scheduled at all) it won’t matter if you are using recreational or medically when it comes to employment.

fishythepete t1_je220uz wrote on March 28, 2023 at 9:03 PM

A state law wouldn’t matter here anyway - OPs issue is because of a federal requirement, and the state attempting to prosecute someone for violating federal law would go poorly.