Can Your Boss Ask About Your Medical Cannabis Use? Know Your Rights!
If you live in a state where medical cannabis is legal, you might wonder:
Can my boss ask me about it? Can they test me after saying they wouldn’t? Am I protected?
The good news is that HIPAA protects your medical information, and some states have laws that stop bosses from treating medical cannabis users unfairly. Let’s break it all down so you know your rights!
What is HIPAA, and How Does It Protect You?
HIPAA (Health Insurance Portability and Accountability Act) is a law that keeps your medical information private. This means:
✅ Your boss cannot ask your doctor about your medical cannabis use
✅ Your doctor cannot share your medical information without your permission
✅ Your employer cannot force you to tell them about your medical history
Does This Mean My Boss Can’t Ask About Cannabis Use?
Not exactly. HIPAA protects your medical records, but it does not stop your boss from asking general questions. However, you do not have to answer.
If they ask, you can say:
💬 “That’s private medical information.”
Your employer cannot punish you for not sharing personal health details.
What If My Boss Said They Wouldn’t Test for Cannabis but Did Anyway?
If your workplace announced they won’t screen for cannabis but later tested you anyway, here’s what you can do:
1. Check Your Company’s Policy
- Look at the employee handbook or any official emails that mention drug testing.
- If they put in writing that they won’t test for cannabis, they may be breaking their own policy.
2. Know Your State Laws
- Some states protect medical cannabis patients from workplace discrimination.
- Other states let employers test for cannabis even if it’s for medical use.
👉 Check your state’s laws to see if you have legal protection.
What If My Boss Harasses Me About Medical Cannabis?
Harassment Can Include:
🚩 Asking you over and over about your medical cannabis use
🚩 Treating you differently because of your medical card
🚩 Trying to force you to quit using medical cannabis outside of work
If this happens, you have rights!
📌 Step 1: Document Everything – Write down what was said, when, and who was there.
📌 Step 2: Talk to HR – If your job has a Human Resources (HR) department, report it.
📌 Step 3: File a Complaint – If HR doesn’t help, you may need to file a legal complaint in your state.
💡 Some states protect medical cannabis patients from workplace discrimination. If you live in one of these states, you can take legal action if your boss harasses you or fires you for using medical cannabis.
What Should I Do If I Get in Trouble for a Positive Test?
If your state protects medical cannabis users, you can:
✅ Ask for a reasonable accommodation – This means your employer may need to allow medical use outside of work.
✅ File a complaint with your state’s labor board – If you were treated unfairly, this could help.
✅ Talk to an employment lawyer – A lawyer can tell you if your rights were violated.
If your state does NOT protect medical cannabis users, your options might be limited. Your boss can test and take action.
Final Thoughts: Know Your Rights and Stand Up for Yourself
If you use medical cannabis legally, your health information is private, and your boss cannot harass you about it.
✔ HIPAA keeps your medical records safe
✔ Some states protect medical cannabis users from job discrimination
✔ If your employer treats you unfairly, you can report them
If you ever feel harassed or tested unfairly, speak up! Know your rights and don’t be afraid to stand up for yourself.
Have You Experienced Workplace Issues Over Medical Cannabis?
Tell us your story in the comments!
Stewart's Passiondoesis not a a source of legal advice, and recommends checking your local laws for a clear guidance. Always keep a lawyers number handyz and double check with a Bar Certified Lawyer for any questions.