The legalization of recreational marijuana in several states has raised various questions regarding its use in an employment context. In California, where medical and recreational marijuana is legal, many employees wonder if they can be terminated for using marijuana off-duty. Even though smoking marijuana is legal, the law does not force employers to accept its use in the workplace. The Control, Regulate, and Tax Adult Use of Marijuana Act, or Proposition 64, states that it is not intended to interfere with an employer’s right to maintain a drug-free workplace. Therefore, if your employer discovers you use marijuana on or off the job, they can terminate your employment.
However, California law limits an employer’s ability to drug test employees. If an employer illegally drug tests you during the course of employment or singles you out during the hiring process, they may have violated state labor laws. Speak with the leading employment lawyers at Blackstone Law for an assessment of your case.
California Recreational Marijuana Laws
In California, Proposition 64 legalized recreational marijuana use for individuals over 21 and older. Under this law, adults are permitted to possess, use, and cultivate marijuana for personal reactionary use within certain limits. However, it is important to note that employers still retain certain rights when it comes to regulating the use of marijuana in the workplace. California follows the at-will employment doctrine, which means in the absence of a contract or collective bargaining agreement specifying otherwise, employers have a right to terminate employees for any lawful reason or any reason at all as long as it does not violate legal protections.
Most employers have workplace drug policies to maintain a safe and productive workplace. These policies often prohibit employees from using drugs, including marijuana, both on and off the clock.
A caveat to this general rule is the law restricts an employer’s right to drug test employees. If an employer illegally conducts a drug test, they may have violated labor laws. Generally, employers must consider the necessity of drug testing with the employee’s right to privacy.
During the hiring process, an employer must test all potential applicants without singling out a group based on specific characteristics. Once an employee is hired, it is more challenging for an employer to require drug testing. Employers must have reasonable suspicion an employee is using drugs before requiring drug testing.
California Medical Marijuana Laws
While using medical marijuana is legal in California, it is still illegal under federal law. Generally, courts do not require an accommodation for an employee’s medical marijuana usage. However, depending on the industry, it is becoming accepted.
Under current California employment law, using medical and recreational marijuana can be used as a basis for terminating someone’s employment, even with a valid medical marijuana card.
Contact the Leading Employment Lawyers at Blackstone Law
While the use of marijuana may be legal in California, employers still have a right to enforce a drug-free workplace. However, if you believe you were subjected to an illegal drug test during employment or the hiring process, contact the lawyers at Blackstone Law to protect your rights. You may be eligible to recover front and back pay, reinstatement of your employment, or other damages.
For a complimentary consultation, contact one of our award-winning employment lawyers at (310) 956-4054 or fill out a contact form.