Though medical marijuana is a controversial issue in USA, 23 states and Washington DC have already enacted law to legalize it. It is a burning question to people that is it not wrongful termination even if a person has positive report on the test for THC?
Sometime you may be fired from your workplace because you have failed a drug test. In your blood or urine test it is found THC positive, it means you carries active component of marijuana. You can claim to your boss that you have prescription on this issue. But still you are fired up. You can ask that is it not wrongful termination as because of medical marijuana?
Some courts of USA have no favor of the employee’s fired for medical marijuana. Nevertheless, it doesn’t mean that you haven’t any right to claim. Here the considerable issue is that whether you have used the medical marijuana for treating any disability or relive from pain or you have just use that for recreation
There are many so called doctor all over the USA especially in California who prescribe medical marijuana easily and you can find so many dispensary where it is easily available. This types of doctor are closely related to the medicine sealer or dispensary the patients who go to this doctors are not get real medication. The major part of customers who use medical marijuana are using just for recreation.
Some time you have a prescription of medical marijuana caused to relieve anxiety, or pain or sleep disorder though it is fall in to the above mentioned class prescription. But people would think it otherwise. Your employer may not believe you as well as your jury.
You might have genuine case to use medical marijuana like many other disabilities you may have cancer. It is used THC pills, Marinol to treat nausea and cancer. In fact The Fair Employment & Housing Act (“FEHA”) protect this kind of patient from discrimination.
When you are under the cancer treatment, you are protected under FEHA disability and ADA. In this case you employer has an obligation for accommodation to your disability though your company has a position against THC. In this circumstance you can take medical marijuana according to your doctor’s prescription.