There are all kinds of laws, statutes, regulations and ordinances on the books in America. Too many in fact. Some are good, some are bad, and some are grey.
Federal law does not preempt contrary or more stringent state law requirements regarding our protected health information. State laws which force patients to share their specific medical conditions (like Michigan) could be of concern to employers and defined as more stringent areas of privacy concerns with medical records. Feds should also be concerned that medical records are warehoused at brand new administrative and processing departments, dispensaries and separate databases.
The following regulation is not law, was not subjected to open discussion, and the regulation is definitely stale (14 years old predating 22 recent States approving medical cannabis legislation). https://www.gpo.gov/fdsys/pkg/CFR-2003-title45-vol1/xml/CFR-2003-title45-vol1-sec160-203.xml
28 states and D.C have passed medical marijuana legislation and are in violation of long-established HIPPA laws enacted by US Congress for not stopping pre-employment drug testing for marijuana.
I really want this job but your urinalysis tests for pot would compel me to disclose my history with cancer before peeing in this cup (HIPAA violation). If I do remain silent and pee in your cup, then not offered employment I am discriminated for having cancer or a disability.
Pre-employment testing for illegal drugs is permitted so long as it is nondiscriminatory and adheres to certain standards. However, alcohol testing may only take place after an employment offer is made, and must be job-related and consistent with business necessity. While case law is fresh in this area, states like Colorado and Washington could drop any pre-employment testing for marijuana (medical or not).
Do I have to disclose an injury or illness that is not obvious during an interview or indicate on a job application that I have a disability?
The Americans With Disabilities Act (ADA) does not require you to disclose that you have any medical condition on a job application or during an interview. Once an employer makes a job offer, it may ask you questions about your medical conditions, and perhaps even require you to take a medical examination, as long as it requires everyone else in the same job to answer the same questions and/or take the same medical examination before starting work.
Perhaps a good employment lawyer can force this issue further. My advice, next time you are given a cup to pee in, just say no. Explain to your prospective employer that you will not allow them to violate any of your protected rights. States need to step up in protecting our privacy rights absent Federal guidance.