Subscribe to Entrepreneur for $5
Subscribe

Why That Doctor's Note for Medical Marijuana Won't Keep You From Losing Your Job

Employer drug testing is OK'd by government officials.

By
This story originally appeared on Leafreport

As long as the federal government continues to ban marijuana, even Americans using the plant medically in marijuana-legal states remain in jeopardy of losing their jobs.

LPETTET | Getty Images

That's according to an official clarification made Saturday by U.S. officials, who say that even a doctor's note prescribing the plant doesn't legally excuse a positive test for THC, the main psychoactive compound found in cannabis.

RELATED: Why Company Drug-Test Policies Matter More Than Ever

The federal rules still stand

The U.S. Substance Abuse and Mental Health Services Administration made the clarification over the weekend in a proposal to further expand drug testing methods for which employees can be screened for Schedule 1 banned drugs, which include marijuana and other substances that the feds say have "no currently accepted medical use and high potential for abuse."

SAMHSA also proposed implementing language in the Federal Register to note that inhaling second-hand marijuana smoke isn't a valid excuse for people who test positive for the plant, nor is consuming edibles that contain THC. The policies apply to all forms of drug testing, including samples of urine, saliva and blood.

RELATED: Two Industries Most Likely to Test for Weed, According to the U.S. Bureau of Labor

Mixed views on testing

As more states legalize cannabis, views on federal prohibition among Congress members has been understandably mixed. The House of Representatives' Appropriations Committee last year published a report advising federal agencies to do away with regulations calling for the firing of employees who use medical marijuana in states where the plant is legal.

The U.S. Military has been among the most stringent employers to enforce cannabis prohibition, banning service members from using any form of cannabis, including CBD and other compounds legalized in the 2018 Farm Bill. Just last week, according to Marijuana Moment, members of the U.S. Navy were told not to drink a new Rockstar energy drink from Pepsi that contained hemp seed oil.

RELATED: Why Are So Many Americans Failing Workplace Drug Tests?

"Sailors and Marines are prohibited from using any product made or derived from hemp, including CBD, regardless of the product's THC concentration and whether it was used under applicable civilian law," said the notice sent to military members.

Meanwhile, the FBI hasn't eliminated its prohibition policy, but has lightened it significantly. Prospective FBI employees can only be automatically disqualified from joining the agency if they've used marijuana within one year of applying for a job, which is a reduction from the previous three-year rule.