Can My Employer Fire Me for Marijuana Use in California?

California is one of many states that allow for the legal consumption of marijuana for medicinal and recreational use. This has brought up many questions regarding the use of marijuana and whether an employer can fire a worker for using marijuana in a recreational or medicinal way. The answer is that it depends, and if you are facing an adverse employment action because of marijuana use, it is important that you speak with a California employment law attorney as soon as possible to learn more about your legal options.

 California Marijuana Law

 Residents of California are generally allowed to use marijuana so long as they follow the law on the amounts they can purchase and not operate a vehicle while under the influence. However, things get complicated because the possession and use of marijuana is still considered a federal offense. In addition, employers are allowed to create workplace policies that may affect whether or not an employee can use marijuana even in a state like California that has legalized it.

 California law explicitly states that while the use of marijuana for recreational and medicinal purposes is allowed, the statute must not be interpreted in any way that does the following:

• Restrict the rights and obligations of public and private employers to maintain a drug-free workplace,
• Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace,
• Affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or
• Prevent employers from complying with state or federal law.

How the Law Affects Employee Conduct

In regard to on-duty conduct of employees, employers are allowed to create policies that mandate a drug-free workplace. Just like employees may not be allowed to drink alcohol on the job or show up to work drunk, employees may also be prohibited from using marijuana while at work or showing up to work high. However, these policies may also impact a person’s off-duty conduct, as well.

Employers are allowed to drug test employees and terminate their employment if they test positive for marijuana or other controlled substances. Because marijuana can stay in a person’s system for weeks, this means that an employee may be prohibited from using marijuana in their off-hours if they wish to stay employed. However, it is important to note that there may be an exception for workers who use marijuana for medicinal purposes and have the requisite proof of medicinal use. In those cases, the Americans with Disabilities Act (ADA) may apply, which is why you should always speak with a lawyer if this type of issue arises in your workplace.

Call or Contact a Lawyer

The legal issues surrounding marijuana use and employment are complex and constantly changing. If you would like to learn more about your legal options, call the office or contact an experienced California employment law attorney in your area today to schedule a case consultation.