The 5 Ws of Coming Clean About Your Cannabis Use to Your Employer

Should I tell my boss I use Marijuana?

The short answer is NO. Don’t do it. Keep your personal business private. Since we all know that’s easier said than done, consider these points first.

There are tons of reasons why not to tell your employer about your cannabis use, but at the top of the list is that cannabis is still illegal at the federal level and classified as a Schedule 1 drug with no medicinal use.  That opens up a host of reasons why your employer may be REQUIRED by law to either fire you or possibly report you if you tell them you use cannabis either medically OR “recreationally”.

We all know my favorite plant has medicinal use and many states have done the local work to decriminalize and/or legalize cannabis either for medical needs or for all adult use, so when is it okay to be open and when should you keep your mouth shut?

The reality is, there are a lot of folks that don’t need to know about your use of marijuana and your privilege may not protect you from the possible negative consequences I’ll discuss here.

The other side of that reality is that some organizations are getting smart about how new cannabis laws affect their workforce and are making changes to accommodate that. 

For example, I worked with a school district that decided on a “don’t ask, don’t tell” policy that no longer had mandatory drug testing, but that identified holding a medical card as a valid exception if it did pop up. It was easy for me to maintain having my medical card as a safety precaution, but I never needed to tell anyone I had it.  

Many of my friends work AT cannabis companies, so you would definitely think it’s okay there, right?  But no, even within the industry, depending on your answers to the following 5 W’s and an H, it may still be better to keep it private.

1. Why do you want to tell your boss about your cannabis use?

It’s really important to understand why you feel the need to tell your boss or any other “authority” figure about your cannabis use. There isn’t a right or wrong reason, except that only you can decide if your “why” is important enough to endure certain risks.

One of my friends enjoys using cannabis a couple of times a month when she goes out on the town. Another friend of mine is using RSO in conjunction with her regular medical care to manage her Multiple Sclerosis. Another friend used a 90-day RSO protocol while fighting cancer. Their “why’s” are dramatically different, and so are their needs to communicate their use to their boss or others. 

Your why isn’t the only thing that matters though. Even if all three of these friends worked at dispensaries, they might decide not to tell their boss about their cannabis use depending on their answers to the other four W’s and an H and I would still be advising them not to inform their employers at all about their cannabis use and to try to keep it private from them as much as possible.

2. What do you want to tell your boss exactly?

Like you saw in the last example, there could be a vast difference in WHAT exactly you feel you want or need to tell your boss.  The girlfriend who just uses it occasionally in her free time might think it’s important to be honest before being tested for it and testing “dirty” for cannabis. My friend who is managing MS with RSO (a highly concentrated form of cannabis) might want to explain that she’s going to be extra tired for a few days while she fights a flare-up. My friend running the 90-day cancer protocol may need to take a leave of absence for 90 or more days to fight cancer.  None of them likely has a legal or ethical responsibility to report their cannabis use to anyone, regardless of the case, and their employers could legally use the admission to penalize them if they wanted to for any reason. That’s how the system that protects the rights of corporations works.  They have a LOT of leeway and the workers have as little as possible. 

So, what if you work for a cannabis company? You may think it would be a bonus for them to hire someone who knows and loves their products and I would agree. However many hiring managers, operations managers, and board members disagree and the law allows them to discriminate against folks who use the medicine they sell. I’m not saying you must keep it a secret in that environment, I’m just suggesting that you limit what you tell any employer to those things you decide will reinforce your “why” very directly.

3. Who do you want to tell about your cannabis use?

Oftentimes, telling an authority figure of any kind about your cannabis use is ONLY going to hurt you and your family. In general, it’s a bad idea especially if you happen to be Black, brown, or make less than $400k/yr.

Bosses can fire you (for no reason at all in Arizona) for your cannabis use because of either federal regulations they have to follow and/or policies they created for their business. They can also fire or push you out simply because they believe false stigmas about cannabis and those who use it. It would blow your mind how many cannabis business executives I know that are heavily prejudiced against folks who use cannabis, even while they use alcohol and stimulants regularly. 

Contrary to your friend’s advice to “sue them” if they discriminate against you for open cannabis use, you would probably have a tough time funding or winning a lawsuit against some of the most well-funded, well-lawyered corporations in the world, particularly when you factor in the federal status of cannabis. 

In other words, companies have many different legal ways to use your admission of legal cannabis use against you and discriminate against you for it as long as it remains federally illegal. No matter what your state or local company has created as laws or policies, federal law CAN trump those when someone with money or power wants them to and is integrated into most local or state departments like Education, Transportation, Housing, and Social Services.

Property managers can legally discriminate against you for your cannabis use. They can refuse to rent to you, restrict your use on the property, and weaponize police against you if they believe you’ve been using onsite (even in your private residential area). 

Employment, education, medical, legal, and housing authorities are all mandated to report abuse and by definition, can report your use (or their suspicion of your use) of cannabis to child and/or adult protective services as “neglect”  and put you at risk of losing your children or having to hire lawyers and fight the State just to be a parent/caregiver. Thank goodness we have attorneys like Julie Gunnigle fighting for our rights in Arizona, but it’s still a big risk in most states in the US because the mandated reporter law is a federal law.

I have been told NUMEROUS times by folks in and throughout the social services world not to ever voluntarily disclose my cannabis use to a government authority of any type, EVEN when in possession of a medical cannabis card issued by the State. 

For example, a foster/adoption agency once told me that as long as I never disclosed cannabis usage to them out loud or in writing, they could move forward with the licensing process and never ask or know while placing children with me and paying me to care for them. However, if I mentioned it anywhere, even in the context of medical use or my state-issued medical card, I would be automatically disqualified from the program. 

Since then, I’ve learned more about how the foster/adopt industrial complex steals children from poor people, and about how the “War on Drugs” is its brother in crime, so I wouldn’t recommend getting involved anyhow, but if you decide to, just know that mentioning use of this plant could get you disqualified and result in having your own investigation to face.

In a nutshell, unless your why is strong enough, your who will never matter. It’s a no. Don’t tell anyone. Keep it to yourself.

4. How should you tell your boss about your cannabis use?

       Don’t. No, but really, if your why tells you to do it, go ahead. Just allow your why to dictate your how as well.  For example, suppose you’ll be using it for a medical purpose of any type. In that case, it’s personal information. If it’s admitted at all, it should be done so after consulting with an attorney knowledgeable in cannabis and labor laws in your state, in writing, directly to HR, requiring confidentiality, and with a doctor’s signature.

Keep in mind that your social media and online presence can all be viewed by your employer as well. If you make it public, it is public indeed. Don’t tell on yourself by accident in the background of a photo with a water pipe in your hand! Even attending events that include cannabis use can be risky if you don’t have a job with clear policies that allow cannabis use. They usually have a photography clause that allows them to use any and all photos of you in their marketing anywhere. So that big dab you just took is now on a national website. Dang.

If you’re planning to do it because you work at a company that encourages or allows cannabis use openly and/or in written policy, there’s no need to make an announcement.  Just do what you do when you do it, and stay professional at all times.  There are very few employers that are okay with you going outside to smoke a joint before you present at a big meeting for the shareholders, no matter what type of business you work for. Again, I might agree that may be best for you (or me!), but not many bosses will. 

Whether you use cannabis for medicine or recreation, both are personal. As for me, I’m only smoking with people who smoke with me. 😉

5. When should you tell your boss about your cannabis use?

     If you’ve made it this far, you must have a strong why, so let’s get into more details about the when. If you’re on a job hunt, look for language about “required drug tests” and when possible, avoid those postings. Those often are the type of organizations that have to follow federal rules about marijuana use and won’t have the flexibility to work with you, even if your why is incredibly strong. If possible, network and research to find companies or organizations that are openly pro-cannabis or otherwise have a history of allowing it. Yes, some of those companies are cannabis brands, but remember – not all of them are supportive of cannabis consumers, even if they seem like it at first glance.  Pay attention to who the leadership is and how they talk about/interact with the plant and folks who use it for medicine.  If you don’t hear the boss talking about how all cannabis prisoners should be set free, they probably aren’t ready to hear about your cannabis use on the job they pay you for.

If you’re in a company already and feel like you need to tell your employer for a VERY good reason, wait until you are in as strong of a position as possible, then do it in writing with whatever terms attached to it that you are hoping for.  Ideally, run it by an attorney familiar with the cannabis and labor laws in your state first. Here’s another thing to remember – if you’re friendly with co-workers and tell them that you consume cannabis, you have to assume your boss/HR knows or will know soon as well.  Don’t share it with ANYONE associated with your job unless you are ready for the risk of it getting back to your employer. 

6. Where should you tell your boss about your cannabis use?

It seems all the details are in order and it’s time to break the news. Where feels like the best place to you? Your answer will probably be correct, but if you’re still not sure, consider these other points: 1.It’s a personal matter, so do it privately, while still assuming that as soon as one person knows, everyone on the team will know. 2. If you’re making an official notification, do it on the job in the HR office AFTER you have protections for yourself in place and you’ve already consulted a lawyer. Make sure all agreements are in writing and signed by both parties 3. I already told you: DON’T DO IT!!! Keep your personal information private. But if you are going to, make sure the boss is doing something illegal at the same time so you have equal footing in the situation. 😉

In general, even as the adult use market opens up more and more in states like Arizona, Colorado, New York, and California, the status of the federal law regarding cannabis is still a BIG problem in terms of justice, access, and civil rights. If you are considering telling your employer about your cannabis use, I urge you to instead think about all the reasons why cannabis is still illegal at the federal level, why thousands of people are still locked up and actively getting locked up for cannabis use and possession, even in small quantities in “legal” states and then do what you can to fight these systemic injustices in your state with every bit of agency you have. 

In an interesting turn of events, although I highly recommend against informing any employer of your cannabis use, it was actually opening up about my cannabis use that created more opportunity for me both personally and professionally.  Now I’m able to help break stigmas around what cannabis is and how it works and I’m also able to be a reliable source of information to the people I love about a medicine that they can grow for themselves (once the laws allow it more).  It’s given me a chance to speak to the Arizona State Senate during legislative season, work with top researchers and scientists on exciting wellness advancements and even take part in innovative technology creation. Unfortunately, it’s also true that some folks will never work with me simply because I’m open about it. Their loss, but I’ve tangibly felt the financial sting. It’s real. 

The most exciting thing it has done for me is allow me to work with business owners, executives, and team members that use cannabis in a way that lets them work through the stigmas they hold against themselves and create strategies that work for their real life and business. Fortunately, a coach can hold themselves to the same confidentiality standards as a therapist can! 😉 

If you are on a career path or own a business and you believe that your cannabis use is the “thing” holding you back, let’s chat! I’d love to see if that’s true with you (confidentially, of course) and look at what types of shifts in your perspective or accommodations will help you thrive the most.Turns out, cannabis is often a solution, and only rarely the problem.  Get on my calendar and let’s talk.

I’ve included a link below to my framework, The Hart Habits, which can help you work through some of these things for yourself or if you still have more questions than answers, let’s set up a quick call to talk about your vision and how to get there. I can’t wait to chat!