Took Marinol For My Crohns And it Showed Up on a Drug Test for Work. Willful Misconduct?

I had to go to the hospital for my Crohn's and they gave me a prescription for a pain pill. I also had a bottle of Marinol from another doctor for my Chrohn's, but it was old and I took one of those too. It showed up on my drug test.


Although I Showed them the old prescription bottle they still said it was a positive drug test and I was dismissed from work.




Any chance you could let me know which state this drug test happened in?

It could be relevant to know because if someone tells me they have been fired for failing a drug test .. I like to check on whether a state has a special provision about drug testing in table 5-9 (2013's anyway) non-monetary issue comparisons by state.

I actually first had to find out what Marinol is and why a prescription for it might make an employer disregard the fact you had a prescription for it .. for what I assume is a condition which may offer protection under the Americans with Disabilities Act.

For those reading who don't know, Marinol's active ingredient is Dronabinol, a synthetic form of THC or that which is found in Marijuana.

Indications for use of the drug to treat the pain for Crohn's Disease were not specifically mentioned online. However, it is used to curb weight loss in those diagnosed with anorexia, nausea, (I know someone with Crohn's and therefore that you had the prescription, now makes sense to me). Additionally, the drug's most common use is for those going through chemotherapy.

Was your former employer aware of your Crohn's Had it caused any issues with your attendance? Was FML a part of your employment equation?


Can you provide documentation from your physician verifying you have Crohn's and that he approves of you using Marinol to treat some of the symptoms of Crohns

Drug testing for indicators of illegal and legal marijuana is commonplace and certainly can result in a discharge rising to the level of willful misconduct However, I would certainly appeal to argue if Marinol is a legal prescription drug in the state where you live to treat your condition .. which I'm almost positive is a condition which can rise to a level called .. disability.

Chris
***Edited and moved on 12/19/13***


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Proper levels of Marinol in urine, or hair drug tests?
by: Chris - Unemployment-Tips.com

Anonymous, I can't say it isn't concerning that you only think you're taking 2.5 mg of marinol. You remember the mg. but not the name of the drug???

Don't you have a prescription bottle?

I would think that anyone put on the pharmaceutical Marinol, or any other kind, by their doctor, would have a valid prescription/bottle and/or at minimum, the ability to obtain a note from their physician to explain the expected increased amount of THC levels, or any other compound (maybe like an opioid) that can also come from legally and medically prescribed use, and from illegal use of drugs obtained via illegal means .. which would include using someone's prescription .. not your own.

I'm not researching your particular question about drug testing levels, but, I am suggesting you might be overly concerned about the levels and also that I'm not an expert at all on how levels in a drug test are read when there is a valid prescription.

I myself might feel better if you knew whether any positive results should, or at least can, be be be reviewed by an MRO.

To quote want jumped out at me at the link ..

"Some prescription medications or medical treatments can cause a positive test result. In these cases, the MRO will obtain verification of a valid prescription or recent medical treatment."

Don't know if this procedural rule is still valid, or not, but it used to be I was required to get one of these professionals on board as a witness for unemployment hearings in Michigan .. when the cause of discharge was a positive drug test.

But since you didn't include the name of state who might be handling any unemployment claim, it definitely won't hurt if decided to you check out the non-monetary chartbook (table 5-9)

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I need to know more about marinol
by: Anonymous

I am on 2.5 mg I think, of marinol and I might have a drug test coming up.

I was wondering if I should be concerned about my levels. I take it twice a day. What should my levels be at in urine and hair?? Can someone help.





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drug testing
by: Anonymous

When you go to take the drug test, make sure are upfront and you list Marinol on the "drugs that I am currently taking". If you are currently employed, this will cover you, as long as, you have a CURRENT, VALID prescription....or at least a Doctor who will state that you should currently be taking this medication. As for future employers...that's a whole different story, but being upfront is still the best way to have a chance.

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Marinol
by: Ryan

I am a person who suffers from Ulcerative Colitis and am currently in the running for a new job. My physician has me on Marinol too. It is really the only thing that helps me gain weight and also helps me out with my bubbly guts and urges to run to the restroom every 5 minutes. It has really been a lifesaver. I am nervous that they wont hire me because of testing positive for THC, even though I do not smoke marijuana the marniol will probably show up on the test. I'm just hoping that bringing in the prescription to the drug screen will allow them to differentiate that THC from the stuff that's in Marijuana.




Hi Ryan,

I didn't stop asking questions when I first answered the question about an "expired" prescription.

Because any one of us could end up in a similar boat.

Possibly, the best way to approach your concerns about testing positive due to Marinol is to take a reasonable employer's perspective of guarding against perceived disability discrimination with potential applicants and current employees.

I asked google if Marinol is an FDA approved drug.

Yes, it is.


From my perspective, that means Marinol is as legal as any other medically prescribed drug.

I also know employers are currently being warned by HR focused employment attorneys about the EEOC currently "targeting" certain areas of discrimination laws heavily. Disability discrimination being just one.

So, aside from the fact you don't sound too worried about getting the job, you're worried about the consequences if you do get the job.

I wouldn't want to be the employer who takes back an offer of work either after you forewarn them about what may affect a urine analysis, or legitimately explain your medically documented use of Marinol for ulcerative colitis which is covered under the ADAAA.

That might be too much like sending up a flare.

However, because no one can predict further actions down the road if anyone might persist you were a bad hire due to your covered disability, please be sure to keep in mind it's the employment paper trail that helps to prove when a job was lost through no fault of your own.

I guess I'm just trying to say ryan.. you don't have to actually exercise an employee right .. to know they also give us some of the little bit of leverage we have to keep things as fair for ourselves as we can.

Here's the guidance from the EEOC on Disability Discrimination. I think it's relevant to anyone who worries when it's better to just know what you can do should signs be seen. They should force a reasonable employee to take actions that protect both themselves and their employment.

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