Oklahoma City, OK asked in Cannabis & Marijuana Law for Oklahoma

Q: i live in Oklahoma City an hold an OMMA weed card. can uhg recind a job offer because of?

its a remote job for telephone work

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James L. Arrasmith
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Answered
  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA

A: In Oklahoma, the legal landscape surrounding medical marijuana and employment can be complex. If you hold a valid Oklahoma Medical Marijuana Authority (OMMA) card, you're protected under state law against discrimination for solely being a cardholder. However, employers still have the right to maintain a drug-free workplace and may have policies against the use of marijuana during work hours, especially in roles that require safety-sensitive work.

For remote positions that do not involve safety-sensitive tasks, the rules might be more flexible, but it largely depends on the company's policy and the nature of the job. Since you mentioned your job involves telephone work and is remote, the direct risk might be considered lower compared to physical jobs. However, if the employer operates under federal contracts or has a strict no-drug policy that aligns with federal guidelines, they might have grounds to rescind a job offer if drug testing is failed, irrespective of your OMMA card status.

You should review the job offer and the company's drug policy carefully. Communicating openly with your potential employer about your OMMA card and understanding their stance on medical marijuana use for remote employees can also be beneficial. If you believe you've been unfairly discriminated against, seeking legal advice may be a wise step to understand your rights and possible actions.

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