Can I Get Fired for Smoking Marijuana?

A few years ago, this might have been a no-brainer: if you were drug tested by your employer, and it came back positive for marijuana, you should probably start updating your resume. However, now that 22 states allow marijuana for medicinal purposes, and two allow it for recreational use, the answer to this question does not seem as simple. Nonetheless, the answer is still the same: if you test positive for marijuana, your job may be up in smoke.

How Can I Be Fired If I Am Following a Doctor’s Orders?

Put simply, you can still be fired because those “doctor’s orders” apply to local and state governments, and not private entities. Businesses pay federal taxes and enjoy federal laws, and marijuana is still very much illegal under federal law.

Many people have argued that it should be discrimination to fire those require marijuana for their health issues and, furthermore, that employers should be required to make a reasonable accommodation. This argument has failed in California and Michigan, partially because courts are uneasy to force employers to rewrite their drug use policy under the guise of reasonable accommodation. Even Colorado, where recreational use is legal, is grappling with the effect of marijuana resulting in a termination.

Does This Mean I Could Also Get Fired for Having a Few Beers?

Depending on your job, if you are caught drinking beer at work, you could get fired. However, you couldn’t be fired for drinking beer after work. This is a significant difference between recreational use of alcohol vs. marijuana. With marijuana, you could be fired even if you smoked a month ago on a weekend. Until the law becomes better settled, the simple reality is if you smoke, even legally, you should do it at your own risk.