Failing a Drug Test with a Medical Marijuana Card
- Fact-checked by Dr. Desiree Granados
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In an era where the lines between legal drug use and punishable offenses occasionally blur, medical marijuana cards have been both a relief and a source of confusion for many. As states across America adopt varying policies on the use of cannabis for medicinal purposes, individuals who fail a drug test while holding a medical marijuana card can find themselves facing complicated legal conflicts.
In this article, we’ll delve into implications of failing a drug test as a card-carrying medical marijuana patient.
What Happens if You Fail a Drug Test But Have a Medical Marijuana Card?
The legal implications of failing a drug test with a medical marijuana card depend on your state’s regulations. Some states maintain the right to secure a drug-free work environment, regardless of whether or not an employee has a medical marijuana card. However, some states such as California have adopted nondiscrimination policies that forbid employers to fire or discipline employees who test positive for non-psychoactive cannabis.
Failing a Drug Test in Pennsylvania with a Marijuana Card
In Pennsylvania, having a medical marijuana card is an affirmation of a patient’s eligibility to use cannabis for medical purposes. In most cases, if you are a Pennsylvania resident with a state-issued medical marijuana card who consumes medical cannabis outside of the workplace, you can’t be legally fired for doing so, even if that use causes you to fail a drug test.
Failing a Drug Test in Florida with a Marijuana Card
In Florida, the use of medical marijuana is legal for qualifying patients who are registered with the state’s Medical Marijuana Use Registry. If a registered patient fails a drug test due to the detection of marijuana, however, the outcome will depend on the circumstances of the test.
Florida employers have the right to maintain a drug-free workplace, and the use of medical marijuana doesn’t protect an employee from the consequences of failing a drug test, which could include disciplinary action or termination. Certain safety-sensitive positions may also have strict drug testing policies that do not allow for the use of medical marijuana.
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Can I Be Denied a Job if I Have a Medical Marijuana Card?
Pennsylvania
In Pennsylvania, the use of medical marijuana is protected under state law. What’s more, according to the Pennsylvania Medical Marijuana Act, employers cannot discriminate or take adverse action against an employee “solely on the basis of the employee’s status as an individual who is certified to use medical marijuana.”
Florida
In Florida, although medical marijuana has been legalized, it’s important to note that the state does not currently provide explicit protections for medical marijuana cardholders against employment discrimination. This means employers are not required to accommodate medical marijuana use, and it’s possible for you to be denied employment based on your medical marijuana cardholder status.
Can I Be Fired for Medical Marijuana Use?
Pennsylvania
In Pennsylvania, the Medical Marijuana Act protects patients using medical marijuana with a valid state-issued card from discrimination in the workplace. However, this protection has limitations. Employers are not required to accommodate the use of medical marijuana on their property, and employees can still face disciplinary action if their marijuana use adversely impacts their job performance or workplace safety.
Florida
In Florida, the use of medical marijuana in the workplace is a subject of contention. Although medical marijuana is legal for qualified patients in the state, Florida law does not require employers to accommodate the medical use of marijuana in any workplace. This means that employers still have the right to maintain a drug-free workplace and enforce policies regarding drug possession, use, and impairment at work.
Consequently, you could be terminated if your medical marijuana use violates your company’s drug policies.
How Long Does Marijuana Stay in the Urine?
Marijuana, also known as cannabis, can be detected in urine for various durations depending on the frequency of its use. For occasional users, it may be detectable for up to three days after it’s consumed. Moderate users could test positive for five to seven days after use, while chronic users (those who use marijuana daily) may find it remains in their urine for 30 days or more.
Furthermore, the sensitivities of the testing methods and individuals’ metabolic rates will also impact the detection window.
How Can I Pass a Drug Test After Consuming Cannabis?
Detoxification and time are the key factors in passing a drug test after the consumption of cannabis. Tetrahydrocannabinol (THC), the psychoactive component of cannabis, can remain detectable in your body for varying durations depending on factors such as metabolism, frequency of use, and body fat percentage. One short-term strategy is staying hydrated to dilute urine samples, though this method may raise suspicion if overdone.
Over-the-counter detoxification kits can purportedly help cleanse the body, but the efficacy and safety of these products is questionable. Abstaining from cannabis for a period of time is the most reliable method to pass a drug test, with the necessary duration of abstention dependent on the individual’s usage patterns.
It’s imperative to note that there is no guaranteed way to cleanse the body of THC quickly if it has been used heavily or over long periods of time.
Get Your Medical Marijuana Card through the Sanctuary
The Sanctuary Wellness Institute streamlines your journey toward improved health and wellness by guiding you through the process of obtaining a medical marijuana card. Our trusted network of certified physicians and knowledgeable staff members are dedicated to providing personalized support, ensuring all your questions are answered, and making the certification process stress-free.
At the Sanctuary, we have established a judgment-free environment where you can confidently take control of your wellness journey and gain access to the treatment you need.
How we reviewed this article:
- Nick Vadala (2021). Can I be fired in Pennsylvania for using medical marijuana?
https://www.inquirer.com/philly-tips/medical-marijuana-employment-workers-rights-20210217.html - Danielle Braff (2023). Employers Have Leeway on Marijuana Policies
https://www.shrm.org/topics-tools/news/all-things-work/employers-leeway-marijuana-policies - Nancy Conrad and Emily R. Paulus (2019). The Pennsylvania Medical Marijuana Act and Implications for the Workplace
https://www.whiteandwilliams.com/resources-alerts-The-Pennsylvania-Medical-Marijuana-Act-and-Implications-for-the-Workplace - Mahsa Saeidi (2023). Medical marijuana patient struggles to get full-time job in Florida. What to know about your rights
https://www.wfla.com/8-on-your-side/medical-marijuana-patient-struggles-to-get-full-time-job-in-florida-what-to-know-about-your-rights/ - Avery E. Smith (2022). Cannabis Laws and What They Mean For Pennsylvania Employers
https://kingspry.com/cannabis-laws-for-pennsylvania-employers/ - Danyal Swan (2021). Can Employees Be Fired in Florida for Using Medical Marijuana?
https://muvfl.com/post/employment-medical-marijuana - Carly Vandergriendt (2023). How Long Does Cannabis Stay in Your System?
https://www.healthline.com/health/how-long-does-weed-stay-in-your-system - Dale Gieringer (2024). Drug Testing – Marijuana Testing Tips
https://norml.org/marijuana/drug-testing-tips/ - Dan Wagener (2022). How Long Does Marijuana (Weed) Stay in Your System?
https://americanaddictioncenters.org/marijuana-rehab/how-long-system-body
Current Version
February 2, 2024
Written By
John DiBella
Fact-checked By
Dr. Desiree Granados
Editorial Process
Our Editorial Process
![John DiBella](https://sanctuarywellnessinstitute.com/blog/wp-content/uploads/2022/08/index.png)
John DiBella is the co-founder and CEO at The Sanctuary Wellness Institute. His goal is to foster healthier lifestyles to improve individuals’ quality of life and health span through online medical and non-medical services. When he’s not writing blogs about medical marijuana, he enjoys hiking, camping, surfing and sailing.