Contextual Analysis

In most states, employers are free to fire or discipline an employee who uses marijuana at work or shows up to work under the influence of marijuana—even if they need it to treat a medical condition. 

When it comes to off-duty medical marijuana use, the states are divided. About 20 states prohibit employers from discriminating against medical marijuana cardholders or from firing employees for testing positive for marijuana due to off-duty use. Some of these states also require employers to reasonably accommodate an employee who needs medical marijuana to treat a medical condition. But other states explicitly allow employers to fire employees for off-duty medical marijuana use. And some states don't clearly address the issue, but courts in several of these states have sided with the employer, saying that employers can fire employees for off-duty use of medical marijuana. 

A personal friend of mine is a mother of three teenage boys. She is in her early 40s, and struggles with bipolar disorder, depression, and some health issues. She has her medical marijuana card. In the midst of the COVID-19 outbreak, she was injured on the job and was required to take a drug test. She tested positive for marijuana, but was still fired despite having a valid medical marijuana card. She was forced to find a new job during a time most companies and organizations were shutting down, leaving her family in complete distress and fear that they might lose their home or not be able to eat.

This is not fair. This eliminates autonomy in individuals who are treating their illness in a more natural way. This allows the individual to continue to feel shame about their illness, and fear that they might lose their home if their employer learns they have obtained a medical marijuana card to treat their insomnia or seizures. Would it be fair for an employer to fire an employee if they found out the employee was prescribed Xanax for their panic attacks? I don't think an employer would be able to get away with that. But why is marijuana any different?