Although California is one of the first states in which it is recreationally and medically legal to use marijuana, legal protections for employees are vague. Medical marijuana users may still be protected under California employment laws in some instances of wrongful termination, but it is best to consult a knowledgeable California employment law attorney for an understanding of what laws may specifically protect you as a medical marijuana patient.
At Blackstone Law, we are well-versed in all aspects of California law and are committed to protecting your rights. To know more about medical marijuana use and the legal protections you possess as an employee, we offer a complimentary consultation to discuss any questions you might have.
California Drug Testing Laws
As a condition of your employment, an employer may opt to drug test you in California but cannot target a specific person based on race, nationality, disability, or other discriminatory reasons for a drug test.
Drug testing is also subject to safety matters or necessity in regards to employment. For instance, if an employment position does not impact the safety of the public, then spontaneous drug testing is typically not deemed legal. If an attorney raises the question of the legality of a drug test during a trial, then a judge would weigh the reasons for the test against the individual’s right to privacy. This determines whether the drug test was legal.
California Medical Marijuana Card
The Health Insurance Portability and Accountability Act (HIPAA) and California privacy laws render it illegal for an employer to check whether an employee possesses a medical marijuana card. Employers are unauthorized to access the California ID system, which contains patient information pertaining to medical marijuana cards.
Further privacy protections have been passed to prevent employers from accessing records of employees visiting marijuana dispensaries, making it illegal for dispensaries to sell consumer information to employers and other third-party entities.
Can You Be Terminated for a Failed Drug Test With a Medical Marijuana Card?
Because of California laws regarding employers’ right to maintain a drug-free workplace, an employee or job applicant may be fired or denied employment if they fail a drug test, even if they are a medical marijuana patient.
Even though a California employer has the right to maintain a drug-free workplace, employees are still entitled to protections under California employment law. If someone who is a medical marijuana patient fails a drug test and they believe they have faced discrimination or that their privacy was violated in some way, they may be able to recover compensatory damages with the help of a knowledgeable California employment law attorney. At Blackstone Law, we will be able to evaluate your claim and determine your best legal options.
Speak to a California Employment Law Attorney at Blackstone Law Today
If you are a California medical marijuana user and you believe your employer has violated your rights, speak to an experienced California employment law attorney at Blackstone Law. We are well-versed in California law pertaining to employee rights. If you believe you experienced intentional discrimination due to a drug test in the workplace, we will fight for the justice you deserve.
Attorney Jonathan M. Genish is an award-winning trial attorney who has a successful track record of numerous multimillion-dollar settlements and verdicts and has argued in various State and Federal Courts across the country, as well as the California Court of Appeals. Let the Blackstone Law legal team aggressively advocate for you if you believe your rights have been violated by discrimination, wrongful termination, or unlawful drug testing. For a comprehensive, free evaluation of your claim, call us today at (310) 956-4054 or fill out our contact form.