Up in Smoke: How Marijuana Legality Can Affect Your Job Prospects

Such a useful tool for the job hunt stress, but it can come with job hunt consequences

You have been on the job hunt for months and so far have nothing to show for it. The stress builds day by day as you try and manage your household finances, constant job applications, and looming sense of dread after receiving another rejection email from a job you weren't even that excited about (and that is if you are lucky to actually get the rejection email and not ghosted).

What can you do to manage that stress? Well one thing you might be doing is taking the edge off is a little hit of THC. Whether it be a gummy at bedtime to help you fall asleep or a small puff before an interview to calm the nerves, marijuana can be a useful tool to help people manage their stress and anxiety when going through a hard time brought on by a layoff.

But can smoking weed hurt you in the long run? If you are in a legal state and applying for work within that state you might think you are in the clear. A company can't not hire me for doing something that is legal, right? It isn't that cut and dry. The legality of your state and the actual company policy may differ. Factoring in if you apply for a remote role in a state with different laws than your residence can also add complications.

Below we will discuss some of the things to know about job hunting and whether your cannabis could "weed" you out of the position you want.

Federal vs. State Law

One of the biggest complexities is the conflict between federal and state law. While marijuana is legal for recreational or medical use in many states, it remains illegal at the federal level. This means:

• Federal contractors and jobs requiring federal clearance (such as defense, transportation, or government roles) often have strict zero-tolerance drug policies.

• Employers who receive federal funding may be required to maintain a drug-free workplace, regardless of state law.

Employer Drug Testing Policies

But if you aren't applying for a federal position you are good, right? Wrong. Even in states where marijuana use is legal, employers can set their own drug and workplace policies. Some things to review:

• Pre-employment testing: Some companies still require drug tests before hiring, and a positive result for THC could lead to a job offer being rescinded.

• Random testing: Safety-sensitive industries (like trucking, construction, and healthcare) often conduct ongoing testing.

• Policy exceptions: Some states have protections for medical marijuana users, but the level of protection varies. For example, some states prohibit discrimination against medical cardholders, while others leave the decision up to employers.

Differences Across Legal States

One of the worst parts of weed not being legal at the federal level is the amount of uncertainty it causes individuals navigating states with different laws. Not all legal states treat cannabis and employment the same way:

• California, New York, and Nevada have begun passing laws limiting an employer’s ability to discriminate against workers who use marijuana off the clock.

• Other states, like Colorado, allow employers to terminate employees who test positive, even if the use was off-duty and legal.

• Medical protections are stronger in some states (like Arizona and Minnesota) than in others, where no employment protections exist.

Looking for remote work across multiple states? Let this chart help you get the lay of the land for accepted marijuana use across the 50 states

State	Recreational?	Medical?	Off-duty employment protection?	Pre-employment testing restricted?	Notes
Alabama	No	Yes	No	No	Medical program limited. Employers generally may test. (NCSL)
Alaska	Yes	Yes	No/Varies	No	Many employers still test; no broad off-duty statute. (NCSL)
Arizona	Yes	Yes	Limited (medical patient protections)	No	Medical patients have some protections; recreational users less protected. (NCSL)
Arkansas	No	Yes	No	No	Medical program exists; employment protections limited. (NCSL)
California	Yes	Yes	Yes	Limited	AB 2188 (2024) restricts adverse actions for lawful off-duty cannabis use; employers may still address on-the-job impairment. (SHRM)
Colorado	Yes	Yes	No	No	Courts have upheld employer discipline despite state legalization; employers can enforce drug-free policies. (TIME)
Connecticut	Yes	Yes	Yes	Limited	Recreational law includes worker protections for off-duty use. (Ogletree)
Delaware	Yes	Yes	Varies	Varies	Some protections for medical patients; other protections limited. (NCSL)
Florida	No	Yes	No	No	Medical cardholders have limited workplace protections; mostly employer-favored rules. (NCSL)
Georgia	No	Limited medical	No	No	Very limited medical program; employers generally free to test/fire. (NCSL)
Hawaii	No	Yes	No	No	Medical protections limited; employers can maintain drug policies. (NCSL)
Idaho	No	No	No	No	No state legalization; strict employer authority. (NCSL)
Illinois	Yes	Yes	Varies	Varies	Some local protections; medical protections stronger. (NCSL)
Indiana	No	No	No	No	Employer rules generally govern. (NCSL)
Iowa	No	Limited medical	No	No	Very limited med program (low THC); employers typically not constrained. (NCSL)
Kansas	No	No	No	No	Employers free to enforce testing. (NCSL)
Kentucky	No	Limited medical	No	No	Limited medical; no broad workplace protections. (NCSL)
Louisiana	No	Yes	No	No	Medical program exists; protections limited. (NCSL)
Maine	Yes	Yes	Varies	Varies	Maine previously had protections, then legislative changes—watch local rules/court decisions. (CaNorml.org)
Maryland	No	Yes	No	No	Medical protections limited; employer policies often govern. (NCSL)
Massachusetts	Yes	Yes	Limited (medical & some protections)	No	Courts and statutes give some protections to medical cardholders; recreational protections limited. (NCSL)
Michigan	Yes	Yes	No	No	Employers not required to accommodate use; can discipline for positive tests. (Restaurant Law Center)
Minnesota	Yes	Yes	Yes	Limited	Recent statutes provide off-duty protections for lawful use. (Ogletree)
Mississippi	No	Yes	No	No	Medical program present but workplace protections limited. (NCSL)
Missouri	Yes	Yes	Limited (medical protections)	Varies	Medical patient employment protections exist in some respects. (Dutchie)
Montana	Yes	Yes	Yes	Varies	Statute includes off-duty protections; still exceptions for safety-sensitive jobs. (Ogletree)
Nebraska	No	No	No	No	Employers free to test & act. (NCSL)
Nevada	Yes	Yes	Yes	Yes (pre-employment restricted)	Nevada law restricts pre-employment adverse action for THC in many roles; also includes off-duty worker protections. (Verified First)
New Hampshire	No	Yes	No	No	Medical only; employer policies typically control. (NCSL)
New Jersey	Yes	Yes	Yes (statute)	Yes/Enforced	NJ law bars adverse action for off-duty cannabis use unless impaired at work; recent court decisions limited private suits—enforcement nuances remain. (Reuters)
New Mexico	Yes	Yes	Limited (medical protections)	Varies	Medical protections exist; recreational protections are evolving. (NCSL)
New York	Yes	Yes	Yes	Yes (pre-employment limited)	NY bans most pre-employment THC screening (except safety-sensitive/federal) and provides off-duty protections. (Paycor)
North Carolina	No	No	No	No	Employers generally may test and discipline. (NCSL)
North Dakota	No	Yes	No	No	Medical program; limited workplace protections. (NCSL)
Ohio	No	Yes	No	No	Medical program; employer rules often control. (NCSL)
Oklahoma	No	Yes	Limited (medical patient protections)	Varies	Strong medical program; some protection for medical cardholders during hiring. (Verified First)
Oregon	Yes	Yes	No	No	Courts have allowed employers to enforce policies despite legalization. (Nolo)
Pennsylvania	No	Yes	No	Yes (pre-employment limited)	Some guidance & limits on pre-employment testing; safety-sensitive exceptions apply. (Verified First)
Rhode Island	Yes	Yes	Yes	Varies	Recreational law includes off-duty worker protections. (Ogletree)
South Carolina	No	Limited medical	No	No	Very limited medical; employers generally free to enforce policies. (NCSL)
South Dakota	Yes (medical + rec after 2020 ballot)	Yes	No	No	Newer legalization—employer rules still apply broadly. (NCSL)
Tennessee	No	No	No	No	No broad protections. (NCSL)
Texas	No	Limited medical	No	No	Medical program extremely limited; employers may act. (NCSL)
Utah	No	Yes	No	No	Medical program limited to low-THC; workplace protections limited. (NCSL)
Vermont	Yes	Yes	Limited	Varies	Some protections for employees—statute requires additional factfinding for adverse actions. Notable court cases ongoing. (AP News)
Virginia	Yes	Yes	Limited (medical protections)	Varies	Protections are evolving; recent expansions for medical patients. (NORML)
Washington	Yes	Yes	Yes	Yes (pre-employment ban for most jobs)	Major change (2024 law) prohibits most pre-employment disqualifications based on THC; off-duty protections exist though safety exceptions apply. (Axios)
West Virginia	No	Yes	Limited (medical protections)	Varies	Medical program; limited employment protections for medical patients. (Verified First)
Wisconsin	No	Limited medical	No	No	No adult-use program; employer rules generally prevail. (NCSL)
Wyoming	No	No	No	No	Employers free to test/fire. (NCSL)
District of Columbia	Yes	Yes	Varies	Varies	D.C. has protections for adult use; local rules apply. (NCSL)

Might need to cut back if looking at those federal roles...

Tips for Job Seekers in Legal Marijuana States

1. Research employer policies – Look for clues in job postings or company handbooks about drug testing and workplace expectations. Also check websites such as Glassdoor to see others interview and work experiences and whether it included a drug test at any point.

2. Know your state laws – Each state has its own rules on whether employers can test, terminate, or refuse to hire cannabis users.

3. Consider the industry – Jobs in healthcare, transportation, education, and federal contracting are more likely to enforce strict policies.

4. Be cautious with disclosure – Unless you’re protected by state law (and even then, carefully), avoid volunteering information about cannabis use during the hiring process.

   
   

You may have read through the above and be thinking that the point of this article was to scare you out of marijuana use completely. Let me assure you that is not the case. In addition to me being a massive hypocrite if I gave anyone that advice, marijuana use when done responsibly can improve someone's work performance and livelihood. You should not feel that the only way to job hunt is by going cold turkey on a substance that can be helpful tool in your job search arsenal.

The takeaway here is that there is no worse feeling in the world than spending months on the job hunt and losing out on a position due to a factor that was completely in your control. If you find a position that you really love that you know will probably require a drug test to be hired, it's best to know whether your use will affect the outcome of your hiring approval. Good luck out there!