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#1 lgyork82

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Posted 15 February 2013 - 05:39 AM

Hi, i'm a Maine resident and a medical marijuana patient. my employer recently found out about my status and is now demanding I bring copies of my certificate and any other narcotics i'm prescribed. Can they do this?

#2 pg1067

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Posted 15 February 2013 - 07:25 AM

Can they do this?


Not sure who "they" are. It also seems that your employer is doing the things mentioned in your post, so it seems rather obvious that your employer can do those things.

If your intent was to ask whether it is legal for your employer to demand to see your medical marijuana certificate, I suspect the answer is yes. As you probably know, a great many employers test for illegal drug use and terminate employees who test positive. I'm going to guess your employer does this and, perhaps, that you tested positive and sought to justify your positive test by reference to your medical marijuana status (apparently, your employer became aware of your status, so it's hardly a privacy issue at this point to ask you to prove your status). It's hardly unreasonable for your employer to want verification and not simply take your word for it.

If the facts are different than what I surmised above, please clarify because different facts could produce a different response.

#3 Guest_FindLaw_Amir_*

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Posted 15 February 2013 - 09:24 AM

To learn more about this subject matter, you may visit the Employment Law Center and read Workplace Privacy as a good resource.

#4 lgyork82

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Posted 15 February 2013 - 10:21 AM

No drug test. Not required for job. Employer became informed because when asked I was honest about it. I was approached by a coworker and told my coat on the rack had a funny smell. I don't smoke at the work place, even though Maine state law permits me to use my meds at any place where smoking cigarettes is permitted, the scent was from a pipe that I have forgotten was in my pocket. Not a smart move, I'll be the first to admit it. Maine state law also protects me from discrimination by employers. it should also be noted that I needed to provide copies of all other narcotic prescriptions that I take. Now, i'm fairly certain no one else in the company has ever been told to hand over copies of scripts. i'm a disabled us vet, i'm a hard worker with an unblemished history with this company. I'm mostly concerned that the decision from higher may come to fire me. If this happens and i'm forced to file suit, I want to be sure know at what point the company started any illegal policies.

#5 pg1067

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Posted 15 February 2013 - 03:24 PM

No drug test. Not required for job. Employer became informed because when asked I was honest about it.


Fair enough. However, since your employer already knows, providing the certificate doesn't really raise any sort of privacy issue.

In terms of other prescription narcotics, to some extent, it depends on what you do for a living.

If you're really uncomfortable about this, a consultation with an employment law attorney might be in order. A consultation should be relatively inexpensive and possibly free.

#6 lgyork82

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Posted 15 February 2013 - 04:20 PM

Alright, thanks for info :)




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