Can New York state public hospitals choose not to hire you due to medicinal marijuana prescription?

I recently was prescribed medicinal marijuana for irritable bowel symptoms. ShortIy after, I was offered a job where I would have to pass a drug test as part of the pre-employment. My question is can the employer choose to not hire me since I'm prescribed medicinal marijuana or is that against the law in New York? My second question was should I tell the employer directly about my medicinal marijuana prescription? Or wait until the results of the drug test? Thanks for your help.

1 answer  |  asked Feb 23, 2020 12:27 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
You have to disclose all lawful prescription medication up front once a conditional offer of employment has been made and they begin medical testing. If that prescription prevents you from adequately performing the essential functions of your job you may have a problem.

You need to immediately take the job description to your physician and ask him or her whether you can perform it with or without an accommodation? And what might the accommodation be? You may or may not have a disability and the medication may or may not impair you either way?

If you operated heavy machinery or had a CDL license you might not be able to do those jobs?

Unless your system is clean and you can pass the test not telling them would not be good but make sure you have the prescription AND the doctor's note saying you can perform those job duties medicated if necessary.

My understanding of medicinal marijuana is that it has a different effect on the human brain than street marijuana but you need a medical expert to explain that to you.

Good luck. They may have a different test for medicinal marijuana but I dont know for certain.

If you lie on an employment application all bets are off. When they discover that you may automatically lose the job so not disclosing medication is never good; assuming they have a legitimate business interest for asking and most employers do.

You should probably also consult an employment lawyer anywhere in NYS to discuss the particulars of your situation in confidence.

posted by V Jonas Urba  |  Feb 23, 2020 1:24 PM [EST]

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