Can Your Employer Ask You If You Have An MMJ Card In Missouri?

Medical marijuana in Missouri has been on a long journey since 2014. The laws regarding possession were loosened in that year, and in 2018 Missourians were approved the right to use medical marijuana in the state. The changes to the Amendment 2 that allowed for the use of medical marijuana came into effect in late 2019. Licenses for dispensaries, labs, and producers were given out by the state going into 2020. Now, those who need MMJ to help manage a debilitating or chronic disease have access to the medicine they require.

Qualifying patients can now request the use of medical marijuana from the Missouri Department of Health and Senior Services, the government organization that oversees the MMJ program, applications, and licensing for patients, caregivers, and businesses. Having an approved condition doesn’t automatically grant someone access to medical marijuana, but upon an approved application, they can possess up to four ounces, the equivalent of a 30-day supply.

Someone who is approved and uses medical marijuana to help treat their condition might wonder how that might affect their employment. So can your employer ask you if you have an MMJ card in Missouri? And can using medical marijuana cause you to lose your job in the state of Missouri? Read on to find out.

Can my employer find out I have a medical card in Missouri?

After going through the process of qualifying for a medical card in Missouri, you will be protected under the Health Insurance Portability and Accountability Act, otherwise known as HIPAA. This act states that patients do not have to disclose medical information to outside sources, even their employer, if they choose not to. This means that unless you willingly offer up the information to your employer about your medical card status, you do not have to tell them. This is true even if they ask you about it directly. HIPAA is designed to give people privacy when it comes to their medical records, and MMJ use is a part of that record.

person holding jar of MMJ product
Image by Jeff W on Unsplash: Medical marijuana is legal in Missouri, but what does the law say about employment with a medical card?

Missouri drug testing laws 2021

In the state of Missouri, there are no laws that explicitly prohibit an employer from performing random drug tests on employees. Since there are no laws surrounding it, it can be a tricky subject for many who use medical marijuana for an approved condition and are worried that they might test positive if a drug test were to occur. Employers may also be confused about drug testing employees who may use medical marijuana. Drug tests are still allowed to be conducted on all employees regardless of their MMJ status in the state.

If an employee were to test positive, they may be unsure if they could be fired, since the Missouri Constitutional Amendment No. 2 is without any laws stating otherwise. However, people who live in Missouri now have rights to use medical marijuana as medicine if they qualify under the state program. Unfortunately, it is a gray area that leaves both patients and employers vulnerable to unfair action.

Can you get fired for having a medical card in Missouri?

Currently, there are no laws stating that an employer who conducts drug tests cannot fire an employee if they test positive for medical marijuana. Because of this, employers and employees are in the middle of question mark surrounding medical marijuana use and employment.

Senate Bill 610 has recently been in the works; if the bill passes, it will give employers the right to fire anyone who tests positive for marijuana use, even if they have a medical marijuana card. This puts MMJ users in a tough spot when it comes to employment in Missouri.

person meeting with their employer in missouri
Image by Christina @ on Unsplash: Can your boss fire you for using medical marijuana in Missouri?

Can you pass a drug test with a medical card in Missouri?

Unfortunately, there is no way to pass a drug test if you use medical marijuana. Regardless of whether you use and obtain marijuana legally, it will still be in your system. This can create some anxiety surrounding employment within a company that conducts random drug tests on its employees.

The laws in Missouri surrounding the use of medical marijuana and employment protection need to be taken out of the gray area. Because of a lack of clarity surrounding employee and employer rights when it comes to the use of MMJ, employers seem to have the upper hand, and can establish their own rules when it comes to drug testing and how positive tests are handled.

For those working in Missouri and using medical marijuana for a qualifying condition, there is still hope. Many businesses in the state may feel that drug testing may not be needed, or worth the legal challenges it may come with. Until the laws are clear, though, employees with medical marijuana cards may need to take the gray area into consideration when choosing an employer.

Featured image by Chris Hardy on Unsplash

Can You Get Fired For Having A Medical Card In Pennsylvania?

On April 17, 2016, Pennsylvania’s governor legalized the use of medical marijuana in the state, and from February 15th, 2018, those with a need for medical marijuana because of various health conditions were able to purchase and use cannabis legally. The medical relief provided by these new laws helped many patients who had been suffering from long-term conditions.

To get medical marijuana in Pennsylvania, patients have to register through the medical marijuana registry, be certified by a physician, pay for their medical marijuana ID card, and obtain their medication from approved dispensaries across the state. When it comes to medical marijuana laws in Pennsylvania, some might be unsure of what is OK and what isn’t, especially when it comes to their workplace. So, does having a medical marijuana card in the state of Pennsylvania make it more difficult to get and keep a job? Can you get fired for having a medical card in Pennsylvania? Let’s find out.

Getting a job with a medical card in Pennsylvania

According to the Pennsylvania Department of Health, over half a million people in the state have a medical marijuana card for various health conditions such as cancer and epilepsy. There are some complications when it comes to work due to the fact that marijuana is still illegal on a federal level. The state of Pennsylvania does provide some protection for those looking for a job with medical marijuana cards; however, this protection is limited.

The Pennsylvania Medical Marijuana Act was launched to help those who are looking for work in the state at the same time as using medical marijuana. Since many people have debilitating health conditions, the use of marijuana as medicine can help to curb or lessen their symptoms, making them more able to perform work tasks.

people shaking hands at place of employment
Image by Cytonn Photography on Unsplash: You don’t have to volunteer the information that you have a medical card to your employer, but if they ask, it’s best to be honest.

Can my employer find out I have a medical card?

As per the laws surrounding medical marijuana in Pennsylvania, your employer does not have to be privy to the fact that you have a medical marijuana card. You do not have to disclose to your employer that you use medical marijuana off hours for a debilitating health condition, and chances are they will not ask. In the event that they do ask about your medical marijuana card status (since it is not against the law to inquire about), the best approach is to tell them the truth.

In the event that you are applying for a job that performs drug tests, you should be prepared to be upfront about your medical marijuana card status and provide your supporting documentation. Since it is against the law for an employer to refuse hiring you if you use medical marijuana, that should not hinder your chances of securing a job.

Can an employer fire you for using CBD oil?

In the Pennsylvania Medical Marijuana Act, there are some anti-discrimination protections for patients when it comes to their jobs. These protections are meant to help people when it comes to getting hired (or fired) from their respective employment. The laws say that employees cannot be fired, threatened, refused employment, or otherwise discriminated against on the grounds that they have a medical marijuana card and use medical marijuana.

This means that if you are looking for work or you’re already employed and you have a medical marijuana card, an employer cannot legally fire you or refuse to hire you for using cannabis as medicine. These laws were put into place to help employees when it comes to random drug testing.

Can I use medical marijuana while at work?

When it comes to where you use your medical marijuana, the laws can be a little bit more complicated. It is typically up to the employer whether or not you are able to use your medical marijuana while on the job, depending on how well you can perform and whether the use of MMJ affects the safety of yourself or others around you.

Pennsylvania laws do not force employers’ hands when it comes to accommodations for the use of medical marijuana by employees at their business. If you are using MMJ while at work, it is also up to the employer whether or not to discipline you for being under the influence of a substance while on the job.

Depending on how much THC is in your blood while on the job, employers can also limit your duties, according to the Pennsylvania Medical Marijuana Act. If you have more than 10 nanograms of THC per milliliter of blood in your system, you could be restricted from working with chemicals that require a state or federal permit, with high-voltage electricity, or with other public utilities.

man lighting mmj cigarette
Image by Matt Moloney on Unsplash: You cannot be fired for having a medical marijuana card, but that doesn’t mean you can use marijuana on the job.

Can you pass a drug test with a medical card?

Having a medical marijuana card does not exempt you from drug tests, nor will it help when it comes to testing positive for having marijuana in your system. If you take medical marijuana to help with a chronic health condition, you will test positive for marijuana in your system.

The best way to approach employment in the state of Pennsylvania when you have a medical marijuana card is to know your rights and any limitations that you face.

Featured image by Hunters Race on Unsplash

Can Nurses Have A Medical Marijuana Card In Oklahoma?

Oklahoma has been a legal medical marijuana state since summer 2018. In the short interval between then and now, the state has become a leading MMJ state. Oklahoma’s MMJ program is the most liberal in the entire nation. The state’s MMJ industry has blossomed and is now an inspiration to the rest of the country.

The medical marijuana program that operates in Oklahoma has fewer restrictions than the programs that exist in other states. The Sooner State has more dispensaries than any other state, as well as more MMJ patients per capita. Oklahoma medical marijuana is big business and it has brought huge economic benefits and massive entrepreneurial opportunities. But can everyone in Oklahoma apply to use medical marijuana? For example, can nurses have a medical marijuana card in Oklahoma? Let’s investigate.


MMJRecs - nurse MMJ

Image by retter_mit_herz on Pixabay: Can nurses apply for MMJ cards in Oklahoma?

Marijuana Use In Safety Sensitive Job Duties In Oklahoma

When OK legalized MMJ in 2018, it began providing licenses to businesses and MMJ cards to patients almost right away. The speed at which the program rolled out meant that certain specific details of the legislation were vague or had not been finalized. A lot was left up to the discretion of the MMJ industry, employers, medical professionals, and patients. This laissez-faire attitude was in keeping with Oklahoma’s traditional small government ethos.

But the plan was always to fine-tune the legislation, and the “Unity Bill” of March 12, 2019, did just that. Among other things, the Unity Bill detailed the rights and responsibilities of employers when it comes to their employees’ MMJ use. Safety Sensitive jobs and work duties were detailed. Employers were given the legal right to take MMJ use into account when their employees would be engaged in Safety Sensitive work.

What Are Safety Sensitive Jobs In Oklahoma MMJ Law?

Safety Sensitive jobs are defined as “tasks or duties the employer reasonably believes could affect the safety and health of the employee … or others.”

Safety Sensitive work includes, but is not limited to:

  • Operating a vehicle, heavy machinery, or power tools.
  • Work that involves carrying firearms.
  • Working with hazardous, volatile, or flammable materials.
  • Maintaining, repairing, or operating heavy equipment, or manufacturing processes.
  • Dispensing pharmaceuticals.
  • Providing direct patient or child care services.

Where Does The Law Stand On Medical Marijuana And Nursing Practice?

Nursing practice often involves dispensing pharmaceuticals and providing direct patient care services. Under the Unity Bill, employers have the right to discipline or fire an employee whose job involves Safety Sensitive work if they are under the influence of MMJ. Employers are also allowed to not hire an applicant for a Safety Sensitive job if the applicant uses medical marijuana.

Are Nurses Allowed To Apply For Medical Marijuana Cards In Oklahoma?

Nurses are allowed to apply for an MMJ card in Oklahoma. A person’s job does not affect whether or not they are entitled to apply for an MMJ card, or whether they are entitled to use medical marijuana to treat a health condition. There is no blanket ban on nurses using MMJ in Oklahoma.


MMJRecs - MMJ in hand

Image by StayRegular on Pixabay: MMJ use is restricted for people in Safety Sensitive jobs.

What Are The Terms Of Use Regarding Nurses And MMJ In Oklahoma?

The Unity Bill empowers employers. Ultimately, it leaves decisions about employees and MMJ usage at the discretion of individual employers. Many employers will allow nurses to use medical marijuana outside of work hours. It is never permitted for a nurse to be under the influence of medical marijuana while they are at work.

Some employers will refuse to hire nurses who will be doing Safety Sensitive work if they are MMJ patients. Employers have different policies when it comes to medical marijuana and nursing practice. The Unity Bill allows different employers to implement the policy they believe works best for their business.

What Medical Conditions Benefit From Medical Marijuana Use In Oklahoma?

Nurses are entitled to use medical marijuana to treat many different types of medical conditions in Oklahoma. The Sooner State allows its doctors to prescribe medical marijuana to treat any medical condition they believe its usage could help.

How To Get A Medical Marijuana Card In Oklahoma

A nurse in Oklahoma can apply for a medical marijuana card online. The best way to do this is to go to MMJRecs will set up an online consultation between an MMJ card applicant and a local MMJ doctor. Once the consultation is complete, the doctor can fill out an MMJ prescription and the patient can begin treatment straight away. No hassle, no fuss – it’s easy for a nurse to get an MMJ card in Oklahoma.

However, if you are a nurse who wants to use medical marijuana, it’s important to understand that your employers will have their own policy regarding MMJ. It’s always best to speak to your employer and make sure they are OK with you availing of MMJ treatment outside work hours.

Featured image by Voltamax on Pixabay

Does My Medical Marijuana Card Show Up On A Background Check?

Your medical marijuana status is a part of your personal health information. Because of this, it’s protected by certain laws, such as the Health Insurance Portability and Accountability Act (HIPAA), which does not allow for protected medical information to show up on a background check.

However, there are ways that this information can be available to the public and could be of concern in areas of your life, such as in your workplace. Here’s what you need to know about the status of medical marijuana cards, the existence of a medical marijuana registry, and how much information people can find out about you in relation to your MMJ use.

Is There An MMJ Registry?

In general, states with medical marijuana laws do have some sort of medical marijuana registry for patients. It’s a requirement to apply through the state’s registry for an MMJ card so they can certify that you meet that state’s requirements for medical marijuana.

The registry does not provide information about your medical history to anyone, but it’s important to understand that you will be registered in order to get your MMJ card and the rights it entitles you to receive. Marijuana dispensaries and clinics generally must enter your MMJ use in the state’s medical marijuana registry.

Who Will Know If I Get A Medical Marijuana Card?

Some people may be concerned about exactly what information is out there about their medical marijuana use. This is understandable, since medical marijuana remains illegal on a federal level. What’s important to remember in this scenario is that a state’s medical marijuana registry system will not contain your personal information. In most cases, you’ll be assigned a unique user identification number associated with you and the information that is needed.

If you look at your MMJ card, you may notice it also has no information on it about things like your diagnosis. It simply contains your name, the card’s dates of issue and expiration, and your ID number. Some states do require a date of birth and address as well, but never any protected medical information.


MMJRecs - application

Image by Helloquence on Unsplash: Does your medical marijuana card show up on a background check? The answer isn’t as simple as you may hope.

Medical Marijuana Cards And The Workplace

While most states with medical marijuana laws offer you protections under state law from the prosecution of having and using marijuana, these protections may not apply to your job. An employer can refuse to hire if you take a drug test as a condition of being hired and it comes back positive.

It’s been the position of the courts thus far that state protections only apply to criminal prosecution, not employment. Check the laws in your state to see if there are MMJ protections for employment or not, as some states have passed non-discrimination laws concerning medical marijuana.

Does My Medical Marijuana Card Show Up On A Background Check?

You should not feel as if the use of medical marijuana is a dirty secret to be kept; but, understandably, you wouldn’t want just anyone to have access to the information. After all, this is information related to medical diagnosis and treatment – something most people want to keep to themselves.

HIPAA protects patient privacy and prevents health care information from being disclosed on purpose or accidentally. When it comes to medical marijuana laws, HIPAA rules apply. Medical marijuana dispensaries only have access to a card’s validity, not any of the private medical information related to the prescription of it.

Just as with any of your other medical records, medical marijuana cards are confidential, and no third party is granted access without your express consent. But when it comes to an employer and their background checks, some of the criteria they may search for can reveal certain medical records. They won’t see your medical history, but they may request permission to perform health checks with your background checks, depending on the type of job you are applying for. You must still give your permission for this, but choosing not to let them do it may impact your ability to get the job.


MMJRecs - MMJ bud

Image by Christina Winter on Unsplash: Who will know if you get a medical marijuana card? The answer to that depends on where you live.


Honesty is always the best policy, but medical marijuana is an area that is often fraught with confusion and controversy. It’s not possible to say how an employer may react to the knowledge that you have a medical marijuana card or why you were prescribed it. You simply need to use your best judgment for what you choose to disclose and what you don’t.

Featured image by Christina Winter on Unsplash

Can My Employer Find Out If I Have A Medical Marijuana Card?

If you’re looking for a new job or if you think your current employer might be doing a background check on you, you could be concerned that your medical marijuana usage will show up. This is a rather complicated issue, because there are a lot of unknowns at play (including your state’s current laws, the type of job you’re applying for, and so on), so here’s some general information that can help you answer the question “Can my employer find out if I have a medical marijuana card?”.

Will my medical marijuana card come up on a background check?

A lot of companies require you to go through a background check before you’re hired. This can include a general report that will show if you’ve been convicted of any crimes, what your educational background looks like, and/or your previous work history. It’s possible for potential employers to do more extensive background checks, such as into your credit history and some specific health inquiries, if you’re applying for more stringent careers in areas like law enforcement, the military, or anything with children. In a straightforward background search, your medical marijuana (MMJ) card will not turn up.


MMJRecs - work

Image by Free to Use Sounds on Unsplash: It’s possible for you to not get a job you’ve applied for if the employer learns of your MMJ card.

Can jobs see if you have a medical marijuana card?

At this time, there is not a specific database that lists MMJ cardholders (other than the one used by your state to issue you a card). Employers do not generally have access to a government database like this, and even that one typically issues you a user ID so that your personal info like name and address are not listed. Additionally, because marijuana is becoming legal recreationally in more states, there isn’t a quick way for employers to determine if you’re a cannabis user (other than a drug test, of course).

Can I be discriminated against if I have an MMJ card?

If for some reason your potential or current employer discovers that you have an MMJ card, there aren’t any specific laws that protect you against discrimination. MMJ users are not a protected class under the law. It is up to the discretion of your employer to determine if they want to keep you on as an employee or still hire you.

Unfortunately, not everyone is aware of the many benefits of MMJ products and how they can help with a number of both physical and emotional medical conditions. Because the laws are changing constantly surrounding medical marijuana usage, it’s possible that more legal protections will be put into place in the future (although these could also vary from state to state). At this time, prospective employers can legally decide not to hire you just because you have an MMJ card.

Can I get fired for having an MMJ card?

It is possible for you to lose your job because you have an MMJ card. This can happen if employers somehow discover you’re using MMJ products (perhaps through a drug test you aren’t able to pass). If this happens, you can try to explain why you use the products, although because of HIPAA protections, you’re not required to disclose any personal medical info to your employer. If you feel comfortable providing your employer with more information, you can try showing a doctor’s note to indicate that you’re using these products under the direction of a physician.

There have been cases of some individuals who sued their employer for discrimination because they felt they were unfairly terminated due to their MMJ usage. You always have the option of seeking legal advice if you think you’ve been treated unjustly.


MMJRecs - medical cannabis use

Image by Thought Catalog on Unsplash: Be discreet in your MMJ usage and you could keep your MMJ card ownership private.

How can I prevent my employer from finding out I have an MMJ card?

There are some steps you can take to retain some privacy surrounding your MMJ usage. First off, you can pay to do a background check on yourself. These services typically cost around $20 a month; it can be a useful process in order for you to see firsthand what potential employers will find when they conduct a background check on you.

You should also do a quick Google search of yourself. This can be really illuminating in what your web presence looks like (and is a trick that many employers are using these days to learn more about who they’re thinking of hiring). Within this same vein, do a thorough search of your own social media profiles to see if there are any posts or pics that suggest you use marijuana. Even if you use products solely for medical reasons, any pictures of you smoking or eating edibles could be interpreted in the wrong way by employers.

This probably goes without saying, but obviously, you should never use your MMJ products while on the job or come to work incapacitated. There are plenty of ways to fit MMJ products into your daily life without negatively impacting your job.

The good news is that if you’re fairly private about your MMJ usage, it’s likely that current or future employers will be kept unaware of you owning an MMJ card. However, since you’re not specifically protected under the law from discrimination, you could miss out on employment opportunities or be fired anyway. If this happens, you have options to explain your MMJ usage, or you can simply find another position that might work better for your situation.

Just remember that honesty is always the best policy – it’s never a good idea to lie about your MMJ usage if it comes up. Be as honest as you can without disclosing private information you don’t wish to share, and you might find that some employers can be more accepting of your MMJ card ownership.

Featured image by Hunters Race on Unsplash