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Can I be penalized for smoking weed by my job if it’s legal?

Discussion in 'Seasoned Marijuana Users' started by ChronicMan, Jan 10, 2022.

  1. I just got a new job as an eye doctor assistant and my manager stressed to me that it was a drug free workplace. I don’t ever smoke and go out and reserve smoking to my days off. I live in the state of NY where weed has been legalized and labor laws were put into place to protect employees who smoke on their own time so I think I’m okay because as far as I know I am not a federal employee or anything. I assume he meant he don’t want me showing up high but I don’t know how to ask and am unsure if this is something that would be a problem going forward. Does anyone who lives in a legal state and smokes more have any advice since I’m fairly new to all this?
     
  2. Get yourself a medical marijuana card and don't go to work high.

    Don't bring stash to work either.
     
    • Like Like x 1
  3. If a company has a policy of no drugs and that includes marijuana, well, then that's that.
     
    • Agree Agree x 1
  4. "His "house", his rules!" Yes, he can fire you. Just keep your mouth shut and do your job well.

    FYI- For most of my adult life I worked in the education (I'm retired now). Never drug tested once! But I did my job exceptionally well and the subject just never came up. I have used cannabis for medical and recreational reasons for over 50 years. :GettingStoned:

    Granny :wave:
     
    • Like Like x 1
  5. It would be the same as him telling you it's an alcohol-free workplace. That doesn't mean you can't imbibe on your own time. Just keep smoking on your own time and don't even bring up the issue with your employer. What you do in the privacy of your home is none of your employer's business, especially since it's legal where you are.
     
  6. Full disclaimer, I'm not a lawyer. BUT, NY law prohibits discrimination against employees for using weed, as long as it's off duty and you aren't high at work. There are some exceptions, such as transportation jobs and others that fall under federal jurisdiction.

    This is better than most legal states, where you can still easily get tested and fired for THC in your body.
     
    • Winner Winner x 1
  7. They never know if they don't see the signs of usage. Trust me people don't give a fuck unless they notice. I've smoked in front of a cop before and they didn't give a damn. I've coughed really loudly while clocking in before again my boss didn't give a shit. :laughing:
     
  8. Hello, Jersey here. From what I understand companies can still fire you even if it's legal (although you may have a case if you have a medical card). I feel like laws haven't caught up to deal with weed fairly yet but your job can still fire you if you fail a drug test for weed if that's a restricted drug according to their policies. Most smart companies will probably become more forgiving over weed since it can still be in your system even if you are not high. Plus they would lose a lot of people. My whole back office of Gen-Zers, millennials and Gen-xers would be gone if they ever drug tested us for weed with a view of firing people for it. It would really hurt them as a company I think.
     
  9. It also depends on what you do. I know hospitals can and will fire you for weed if you test positive for it. Hell, one hospital I worked for tested you for nicotine at your annual physical and if you tested positive, your insurance premium sky rocketed. Do your research for your state and industry.
     

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