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Time Sensitive: Florida Employee Virginia Employer

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  • Time Sensitive: Florida Employee Virginia Employer

    Hello --

    I recently started a white collar job based in Virginia, while working remotely from Florida. They are very happy to have me 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?
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