Georgia’s medical marijuana law and THC oil at work

Can your employer fire you for failing a drug test when you are prescribed medical cannabis? Getty Images | Royalty Free

Can your employer fire you for failing a drug test when you are prescribed medical cannabis? Getty Images | Royalty Free

Getty Images/iStockphoto

While medical cannabis is now legal in Georgia, it may be hard to know the in’s and out’s of the law.

If you’re trying to work and treat a condition that qualifies for the use of medical cannabis, don’t count on the legalization to act as a hall pass in the workplace. So, what should you know about using medical cannabis while employed in Georgia?

Let’s get into it.

What does the law cover?

Georgia law now allows certain citizens to legally possess (up to 20 fluid ounces) and take low THC oil, which is derived from the marijuana plant.

However, those who are eligible will need to get a Low THC Oil Registry Card from the Department of Public Health.

While the law protects Georgians who have the registry card and prevents them from being arrested for being in possession of the drug, the law doesn’t cover everything.

According to Health Street, “Although low-potency medical marijuana is legal in Georgia, employers are not required to permit or accommodate its use among employees.”

Thus, the law does not protect Low THC Oil medical cannabis citizens on the job.

Whether its use is for medical reasons or recreational reasons, the rules are the same. Partaking in the use of THC oil during work hours or waiting until you’re off may not protect you.

Can your employer fire you if you fail a drug test even with a registry card?

Simply put, yes.

The Georgia Low THC Oil Law does not prevent an employer from drug testing or even terminating an employee if they don’t pass a drug test or are flagged for cannabis in a drug test.

Many employers also have a “drug-free workplace” policy, which holds employers and employees accountable.

Above all, Georgia is an at-will employer state, which means employers can terminate employees at any time, for any reason or for no reason at all.

Have more questions? Email me at cmadden@mcclatchy.com

This story was originally published March 7, 2023, 12:50 PM.


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