Can you get a government job with a medical card?
Article written by
April AcernoContent Writer
Generally speaking, anyone who lives in a state where medical cannabis is legal can apply for a medical card. However, individuals who have certain types of jobs, including many government roles, are strictly forbidden from using cannabis, even if they have a medical card.
If you work for the government or plan to apply for a government position, it’s important to know how this may impact your medical cannabis use.
Get your medical marijuana card
If you have a medical card, can you work for the government?
No one is restricted from having a medical cannabis card. However, many government jobs require drug testing. And testing positive for cannabis as a government employee can negatively impact your job, regardless of your medical cardholder status.
Can you work for the federal government if you have a medical card?
All federal agencies are required to maintain a drug-free workplace as a result of the Drug-Free Workplace Act of 1988. This means that no federal employee is allowed to use cannabis, even if they have a government-issued medical card. In addition, federal employees are bound by Executive Order 12564 (Drug-Free Federal Workplace), which prohibits the use of illegal drugs by federal employees, on or off duty.
That said, simply having a medical card does not prohibit you from working for the federal government. But depending on your job position, you may be penalized if you are given a drug test and test positive for cannabis use.
Because cannabis is federally illegal, federal employees are strictly forbidden from using cannabis, even with a medical card.
Most prospective federal employees must take a drug test during the hiring process. If they test positive for cannabis, they will likely not be offered the job.
If you are hired, keep in mind that many federal government positions are subject to random drug testing. A positive test will likely result in job termination.
That said, some federal positions do not require initial or periodic drug testing. That includes certain roles in:
- Information technology (IT)
- Office administration
- Accounting
Still, no federal employee is completely exempt from being drug tested. Under certain circumstances, an agency can still require testing. These circumstances include:
- Suspicion of drug use during work hours
- Involvement in a recent accident in the workplace
- Recent completion of a drug rehabilitation program
Can you get a state government position if you have a medical card?
For state government employees, rules can vary based on your state’s cannabis laws and the type of position that you hold.
For example, many state employees who hold “safety-sensitive” positions are forbidden from using cannabis, even in states that otherwise offer work protections for medical cardholders. This is because using cannabis could interfere with the ability to do the job safely.
Safety-sensitive positions include:
For jobs that aren’t safety-sensitive, whether or not you may use medical cannabis depends on other state laws, as well as rules of your employer.
Some states, including Connecticut, New Jersey, and Illinois, have laws that protect medical cardholders from certain penalties if they test positive for cannabis. But in many cases, state workers are exempt from these protections.
For example, New Jersey protects many cardholding state employees, like teachers and state administrators, from losing their jobs if they test positive for cannabis use. But other states, including Florida, offer no such protections.
Still, no state government employee is allowed to be under the influence of cannabis at work. Failure to comply can result in getting fired.
Can the federal government see if you have a medical card?
The federal government has no way of knowing whether or not you have a medical cannabis card. That information is protected under the Health Insurance Portability and Accountability Act (HIPAA). It’s only shared between you, your doctor, your state’s health department, and sometimes your insurance company.
Some types of federal government jobs, including positions within the State Department, the Federal Investigation Bureau (FBI), and the Central Intelligence Agency (CIA), require extensive background checks during the hiring process. Even in these cases, employers are unlikely to obtain information about your cardholding status.
What happens if you fail a drug test for a federal job?
Many types of federal employees are required to be tested for drugs, including cannabis.
If a prospective job requires you to take a drug test, failing the test will likely prevent you from being hired.
If you get the job, be aware that any federal employee can be drug tested if a federal agency determines it to be necessary — for example, if you appear to be intoxicated at work. If you test positive, you can lose your job.
What federal jobs don’t drug test?
Some types of federal jobs do not require initial or random employee drug testing, including certain roles in:
- IT
- Office administration
- Accounting or finance
In most cases, an employer will tell you if a specific federal job requires drug testing before the hiring process begins, or if it’s subject to ongoing drug testing once hired.
The bottom line: If you use medical cannabis, know your government job’s laws and regulations
Having a medical cannabis card in and of itself is not grounds for disqualification from a government job.
However, certain government jobs strictly prohibit cannabis use, even if you have a medical card. This means that testing positive for cannabis will likely affect your employment.
To be safe, consider these tips:
- Research your position: In most cases, you can find out whether or not you’ll be tested for cannabis use by researching your job position, and how the test result may influence your employment, with an online search.
- Keep your medical cardholder status private: Your status as a medical cardholder is private health information. You are not required to share this information with your employer or co-workers.
- Only consume during off hours: If you have a government job that does not require drug testing, only consume cannabis when you’re not working. Having a medical card does not exempt you from job termination if you’re under the influence during work hours.
Some states offer certain job protections to state employees who have a medical cannabis card. If you live in one of those states, consider getting your medical card through Leafwell.
Resources
- Drug-free workplace regulatory requirements. https://oui.doleta.gov/dmstree/tein/tein_pre93/tein_15-90.htm#:~:text=On%20November%2018%2C%201988%2C%20Congress,agency%20after%20March%2018%2C%201989.
- Executive Order 12564. https://www.archives.gov/federal-register/codification/executive-order/12564.html
- Jake Honing Compassionate Use Medical Cannabis Act. https://www.mpp.org/assets/pdf/states/new-jersey/jake-honig-compassionate-use-medical-cannabis-act.pdf
- Use of marijuana by federal employees. https://www.cacpt.uscourts.gov/sites/cacpt/files/Use%20of%20Marijuana%20by%20Federal%20Employees.pdf
