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Can You Get Worker's Comp If You Tested Positive In State Where THC Is Legal?

Many states have decided to make it legal to use cannabis both medicinally and recreationally within their borders, but does that mean someone can use cannabis throughout the day even when going to school or work? What happens if you are at your workplace, get injured, and you are sure that you will test positive for THC? You may think that since it is legal in your state you are exempt from any and all repercussions that residents from non-legal states have to deal with, but it turns out that is not the case.

Can You Really Be Terminated If You Test Positive?

Even if your state allows the use of cannabis, your employer can administer a drug test and if positive, they can fire you. If you live somewhere where marijuana is legal, it makes sense for you to wonder how this can happen. According to federal law, employers may run drug testing upon employment as well as during employment. If any of the tests come back positive the employer has the right to fire you because as far as the federal government is concerned, cannabis is still very much illegal.

The law to make it acceptable to use cannabis is only on the state level not the federal level. Until it is made legal on the federal level you can still get in trouble for the use well as possessing cannabis. Many states are known as Free Will states, which means that they do not particularly need a reason to fire an employee. They can fire you for no reason at all and suffer little to no consequences for the action.

What If You Use It Medicinally?

Whether you use it medicinally or for fun does not matter when it comes to workman's compensation, employment, or possession of cannabis. If you test positive, workman's compensation will reject your claim. Some employers may not test for THC only other prescription or nonprescription medications or drugs. Some employers or states may be fine with the use as long as it is not an excessive amount, or is not inhibiting your ability to work.

What Should I Do?

If you live in a state where cannabis is legal, it is in your best interest to talk to your employer about what their policies are regarding THC in your system. By doing this, you will know for sure whether or not you would be able to claim worker's compensation if you were to become injured while on the job. Contact a law firm, such as the Law Office of Steven P. Rapp, for more information.