Oswego, NY asked in Cannabis & Marijuana Law and Employment Discrimination for New York

Q: offered a job at a big box retailer. They were aware of medical marjuana use. Now offer taken back from employer.

Medical marihuana use was divulged during interview, they still offered a position. Now they say - will not hire you unless a drug test can be passed.

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
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Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Medical marijuana and recreational marijuana are different. I can not vouch for the legitimacy or accuracy of the below link but it sounds basically correct:

https://www.cannamd.com/whats-the-difference-between-medical-recreational-marijuana/

If you do not undergo the testing then neither you nor the employer will know whether you are taking a high THC marijuana which is more for recreational use or a high CBD marijuana which is more for pain control.

You will also not know whether you will get the job. Remember that all employers may require reasonable testing to determine whether you can safely perform a job's duties. And if you are hired, what's the harm?

But if you are not hired and a judge asks you what were you afraid of in taking the test if it's for a legitimate, medical purpose how would you answer that question? You have to make the call about whether you really want the job. They may test you forever just to make sure you are on the medical product and if you are unable to perform your essential job functions and your THC levels in your blood test consistently high they might argue it's recreational and it's affecting your ability to perform. They may or may not warn you that if your performance does not meet their expectations then there is no expectation of keeping your job.

Remember, we are not in Colorado.

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