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Employment Screening

Phantasm

New Member
Hello all,

I hope this is the right place to post this question since it has as much or more to do with the state of Colorado as it does the question of preemployment screening. Please redirect me if information has already been posted regarding this issue. Thanks!

I recently received a job offer and, of course, will have to go through a background check and a preemployment drug screening. I have a handle on the latter issue, but am wondering if my MMJ license will be discovered during the background check. My understanding is that "they" can only look for criminal offenses and things of that nature, and that my MMJ license won't be disclosed because it is a medical issue.

Can someone please give me some clarification on this?

Thanks in advance!

Moderators: I may also post this in the legal part of the forum, if you don't mind, as I really need an answer to this question. Thanks.
 

Phantasm

New Member
"Why?"

I'm not sure what you mean by the question, Hank. Why what? I've had an MMJ license for years now, long before the newer, more relaxed laws in Colorado. I'm just wondering if that will show up on an employment background check, which employers are still within their right to do, as well as to refuse employment to those who have an MMJ license.
 

Best Buds App

New Member
I'm fairly certain that because of patient/doctor confidentiality the card will not show up on a criminal background check. In my mind, it wouldn't really make any sense for a medical issue to come up on a criminal record. Everywhere I have checked has echoed the same!

Hope this eases your nerves at least a little bit!

Ronnie
 

xtrchessreal

On Vacation
Don't misunderstand the law. It is legal to grow it yourself and use it, in fact it will be available for retail sold same as alcohol next year. The difference is that the law also states that businesses can still use drug screening to eliminate you from getting a job. Now if you had MMJ card I believe that is kept between the testing agency and the patient. Just like I take Adderall for ADHD but a drug test shows pos for amphetamines, at that point the screening agency simply confirms I have a prescription for it and the employer does not get that info. Part of the HIPAA act I believe.

It would be nice to have that confirmed by a lawyer that knows these matters. I'll see if I can find something and post it if I can.


Added later:
I looked around for a while in Colorado law, and other state laws including the HIPAA, FMLA, ADA, etc. The bottom line is that when you sign consent to test for pre-employment screening you are allowing the testing agency to provide the results to the employer. Adderall is a Schedule II drug and is not considered an illegal drug. Marijuana is a Schedule I drug and can be grounds for non employment even in Colorado. However, over time it is likely that this will not be the case since more cases of violations of work drug policy are found. Ultimately there is a finite number of jobs and a finite number of people to do them so eventually employers will develop new methods or policy. I guess something like if you showed up clearly baked and couldn't do your job they may fire you, or send you home and reprimand you. Then with two or three of these violations you would be let go just like alcohol. Anyway, as long as more begin to smoke the easier the employment will be. Sucks for the ones that pave the way and lose their job.

:peace:X
 
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