If you, as an employer, have an employee with a medical marijuana card, you should be sure NOT to discontinue testing other employees in your workforce.
A recent article in the Baltimore Sun reports that a Belcamp woman with a medical marijuana card told police that she sells the product she gets from an Aberdeen dispensary “because it gives her something to do,” according to court records.
Aberdeen Police Lt. Will Reiber said it’s not uncommon for people to sell the marijuana they buy with their cards.
“It’s absolutely happening,” Reiber said. “There are plenty of people who get a card and use it as intended, but like anything else, there is always room to exploit it.”
Our point in this blog post is to advise of the potential danger to your business’ continued viability, risk of injury to your business associates and to the public if you stop testing for marijuana.
Frequently, we hear our clients talk about the quandary they face when they discover an employee using marijuana with a valid medical marijuana card. We have written before about the steps to take https://www.preemploymentscreen.com/do-you-really-want-legalized-marijuana/ , https://www.preemploymentscreen.com/safety-sensitive-position-and-drug-testing/
Take a minute to think about alcohol. It is also a legal substance. But, you wouldn’t tolerate your employees showing to work inebriated and unable to perform the job’s essential functions. Likewise, with marijuana, a legal medical marijuana card doesn’t mean you have to accept an employee showing to work and unable to perform the job’s essential functions. This of course requires you have taken the time to draft a job description that details the reasons why an employee must be able to perform those essential functions without being impaired.
And, this situation gives even more reason to continue to test all employees for use of drugs i.e. if one employee has legal access, the employee may be making some money on the side selling it to other employees in your workforce.