In many states, marijuana is legal for medical and recreational use. But when it comes to finding a job, the rules can be a little confusing as they vary from state to state. Testing positive for a drug test as a potential candidate could possibly cost you the job. If you use marijuana or other drugs for medical or recreational use, it is best to get ahead of the game by knowing what the laws/rules are in your specific state and field of work. Here is what you need to know about drug testing and finding a job.

Why the Rules are Tricky

It is illegal to use cannabis under Federal Law. Certain industries are heavily regulated by the federal government so employers are required to drug test both potential candidates and employees regularly. However, there are non-federally regulated industries where employers are not required to drug test. BUT the state and local governments also have the power to enforce drug testing laws. Some states are more lenient than others.

If you hold a medical marijuana card, research the regulations within your specific occupation and state. For example, most positions in the medical field are considered “safety sensitive jobs” and require a clean drug test whether you have a medical marijuana card or not. Policies are determined by the type of job you’ll be doing. Knowing the restrictions within your field of work before applying for a position will make your search easier.

Even if the states laws are lenient, employers still have the legal right under federal law to maintain a drug free environment. As long as it is clearly stated in the companies policies, pre/post employment drug testing is allowed. In this case, most companies will let applicants know ahead of time so they are prepared for what is expected.

What Are Your Rights

As a potential candidate, employers are legally within their rights to not extend a job offer due to a positive drug test as long as they have shown the candidate their drug testing policies and indicated any consequences of breaking policy. If you have a medical marijuana card, it is important to have that conversation with the employer before taking the drug test.

However, if you are fired due to a positive drug test you could be considered a victim of workplace discrimination. A positive drug test cannot prove that the employee is actively high during work, as THC can remain in the bloodstream even after levels have lowered. If you feel you are a victim of workplace discrimination you are within your legal rights to file a complaint.

While a lot of states have made medical and recreational use of marijuana legal, it is still a tricky process when searching for a job. The best way to handle the situation is to know what the regulations are within your state and industry. If you are prepared with the knowledge you need, then finding a position will be that much easier.