Florida Employee Virginia Employer

Vayank

New Member
Jurisdiction
Florida
Hello --

I recently started a white collar job based in Virginia, while working remotely from Florida. They are very happy to have and me them, and had a great first week. I have been asked to take a standard four panel drug test.

The test is tomorrow, and I'm expecting to be positive for marijuana. My wife and I both have the appropriate medical marijuana licenses in compliance with Florida state law. I realize due to its' status in federal law, that license hardly prevents me from the worst outcome with new employer, if they chose that course.

My advice is pragmatic: I'm thinking of calling the HR person first thing on the morning, who seems down to earth, and telling her that and I'll refine the exact language ..

That I know that by law, employers cannot ask medical questions, even when that information would be helpful. So I wanted to tell you that I - and my wife - both have medical marijuana licenses in Florida, and that when I test today it is therefore entirely possible I may pop a positive for marijuana only. I wanted you to know to avoid any surprises and to ensure that you have all relevant information at the very onset. I wanted to avoid a situation where you only have half the information, and would not be able to ask directly about what might be explanation.

On the one hand, I'm admitting to a license, but that alone isn't a failed drug test. And given the likelihood (but not certainty) of a positive, I think its best to be voluntary, candid, mitigate what would be an awkward at best surprise on their end, and provide an initial explanation. The option is to pray for a miracle and test negative, and risk a positive as their first information on this topic.

What say you all?
 
That I know that by law, employers cannot ask medical questions,

Asking about the current use of illegal drugs is not asking medical questions and is apparently legal under federal law.

See:

Guidelines When Asking Job Applicants About Drug and Alcohol Use | Berlandi Nussbaum & Reitzas LLP (bnrllp.com)

When you applied for the job you filled out an application.

Did the application have any questions about current use of illegal drugs?

If yes, how did you answer the question?


Answer those two questions before we move on.
 
1). I don't recall specifically.

2). It's not illegal where I live and use it accordingly to state law.

I'm doubting they can fire me, I know they can. I'm wondering what the best way is to mitigate a poor set of facts for me.
 
It's illegal everywhere under federal law.

I understand and thank you. I understand they have every right to fire me if they want based on a positive result.

So my question is a pragmatic one: what is the best course of action given these negative facts: Take the test and hope I pass which is unlikely, or be candid and cop to the medical marijuana license people to the test, in order to be at least seen as candid. Any thoughts on that question?
 
I understand and thank you. I understand they have every right to fire me if they want based on a positive result.

So my question is a pragmatic one: what is the best course of action given these negative facts: Take the test and hope I pass which is unlikely, or be candid and cop to the medical marijuana license people to the test, in order to be at least seen as candid. Any thoughts on that question?

Well, I take medical marijuana cards with a grain of salt, but then I'm from CA, where any 18 year old with $40 and 20 minutes to spend online can get one.

Your best bet, IMO, is to be candid up front.
 
Well, I take medical marijuana cards with a grain of salt, but then I'm from CA, where any 18 year old with $40 and 20 minutes to spend online can get one.

Your best bet, IMO, is to be candid up front.

Thanks. That's my gut. Put the cards in the table, instead of being "caught." Aside from the license, (and do understand your comment, but still better than not having it) they know I've been out of the white collar game for years and living a quiet, out of the way life, that I'm reordering my life and returning to that world. Could be the shortest comeback ever. My personal references are beyond impeccable, and they checked 10. No one will see this coming. I'd be happy to hear more voices.
 
1). I don't recall specifically.

2). It's not illegal where I live and use it accordingly to state law.

I'm doubting they can fire me, I know they can. I'm wondering what the best way is to mitigate a poor set of facts for me.

the sentence above should have said I'm NOT doubting they can fire me. I certainly know and understand that.
 
You can get a medical marijuana card in FL for one of the following conditions:
  • PTSD
  • Seizures
  • Epilepsy
  • Parkinson's disease
  • Multiple sclerosis
  • Crohn's disease
  • Glaucoma
  • Chronic muscle spasms
  • HIV/AIDS
  • ALS
  • Cancer
  • Or any similarly serious medical condition.
  • Patients may also be diagnosed with a terminal condition or chronic malignant pain caused by a qualifying condition.

  • Which of these do you suffer from? If you don't suffer from any of them then you got the card by fraud. Even in FL you could be terminated for marijuana use by an employer. However, if you do suffer one of the aliments you would have a valid reason for the use.

  • If you call HR and admit to marijuana use before the test you are a fool. Take the test and see what your employer has to say if you fail it. Then you can explain why you use marijuana for medical reasons if there is one.
 

  • If you call HR and admit to marijuana use before the test you are a fool. Take the test and see what your employer has to say if you fail it. Then you can explain why you use marijuana for medical reasons if there is one.
I suspect that NOT self-reporting will lead to a case where the OP lies on paperwork related to his employment.
 
I suspect that NOT self-reporting will lead to a case where the OP lies on paperwork related to his employment.

Being candid worked. Less than 2 minutes into my spiel and I was good. All I need to do is present standard information from the FL registry confirming my status. What a relief. A true story.
 
The truth is rumored to set you free.
 
Being candid worked. Less than 2 minutes into my spiel and I was good. All I need to do is present standard information from the FL registry confirming my status. What a relief. A true story.
I predict that this not over yet because as the results moves up the chain of management, anything can still happen.

If you are a remote employee, what is the purpose of asking you to take a drug panel test if they don't care that you use drugs?
 
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