Yes, perhaps your employer can fire you for smoking medical marijuana or recreational marijuana. If it is a DOT regulated test for your job as a transportation covered employee, you can be terminated for smoking medical marijuana or recreational marijuana. In addition, several of the State laws specifically have language do not prohibit employers from having policies that consider testing positive for marijuana a violation of company policy.
In fact, there have been several court cased where the employer rights have been upheld and medical marijuana smoking employees have been terminated.
Employers should take a careful look at drug free workplace policies to determine if medical marijuana or recreational marijuana are addressed. At National Drug Screening, we engage the services of expert consultants to write company drug free workplace policies.