Court upholds employer’s decision to fire marijuana cardholders after drug test

“If I’m a lawful medical marijuana user, you can’t fire me for testing positive for weed—right?”

That’s not always the case. Oklahoma employers can learn something from a decision last month by an Arkansas federal court.

Oklahoma and Arkansas medical marijuana laws

Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license that permits them to purchase and use medical marijuana. In Arkansas, “qualifying patients” may receive a registry identification card allowing medical marijuana use.

Like Oklahoma, employers in Arkansas are prohibited from discriminating against an applicant or employee based on their past or present status as medical marijuana license holder. Under the laws in both states, employers retain the ability to apply and enforce drug testing programs, including those that test for marijuana.

The medical marijuana laws in both states also give employers the right to designate certain types of positions as “safety-sensitive.” In Oklahoma, a safety-sensitive position is “any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others.”

Individuals holding safety-sensitive positions may be terminated by an Oklahoma or Arkansas employer for testing positive for marijuana, even if they hold an Oklahoma medical marijuana license or an Arkansas registry identification card.

Positive marijuana test at the paper mill