Can I be Fired for Smoking Marijuana?

California was one of the first states to legalize the recreational use of marijuana; however, many questions still exist about whether an employee can be fired from their job for consuming marijuana despite its legality. Like so many employment law cases, each claim is often fact specific. To learn more about whether you have a claim for being wrongfully terminated for marijuana use, talk to an experienced California employment law attorney today.

Consumption of Marijuana at Work

While California allows the medical and recreational use of marijuana, the California law also expressly states that it should not be interpreted to restrict the rights of a public or private employer to maintain a drug and alcohol-free workplace. The law also does not require an employer to allow the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana while at work or prohibit the ability of employers to ban the use of marijuana by current and prospective employees. As such, employees are not allowed to now consume marijuana while at work, much like how many workers in California are not allowed to be drunk at work.

Consumption of Marijuana While Off-Duty

Employment law questions often arise around the off-duty consumption of marijuana by employees. This refers to the use of marijuana while not on employment premises, on the clock, or on-call for the job. Marijuana stays in the body for an extended period of time, which means that even if a worker no longer feels high they can still test positive for marijuana during a drug screen. If a California employer drug tests their employees, a worker can be fired for failing the drug test even though marijuana is legal to consume in the state. An applicant for a position can also be denied employment if they fail a drug test for marijuana as part of the application process.

Medical Marijuana Exception

One critical exception of the marijuana consumption laws for California workers is the use of medical marijuana. Employers may be restricted in their ability to punish or fire a current employee under the Americans with Disabilities Act (ADA) if the worker is consuming marijuana for medicinal purposes. The employee would need a medical marijuana card and may be required to show proof via a doctor’s note or other evidence that they are consuming marijuana for medicinal purposes; however, federal law may protect them from losing their job if the medicinal marijuana is consumed while off-duty. However, an employer may still deny an applicant a position if they fail a drug test because of their use of medical marijuana.

Call or Contact a Lawyer Today

The laws regarding marijuana consumption and employment are still changing, which is why it is always recommended that you speak with an experienced lawyer if an issue arises at work. If you have questions about whether an employer can fire you for marijuana consumption, call or contact a knowledgeable California employment law attorney today to discuss your case.