Employers still have the right to drug test employees and maintain a safe and drug free environment for their employees. However, with the passage of Prop 64, individuals can now use marijuana recreationally in the state of California.
A 2008 California Supreme Court case held that an employer can refuse to employ someone who failed a drug test, even if the individual had an authorized medical use for the drug that tested positive. The case was Ross v. RagingWire Telecommunications, Inc.
With the passage of Prop 64, California employers can still do pre-employment drug testing but they must test all applicants. An employer can refuse to hire applicants who test positive for marijuana. Employers can also test employees who are suspected of being under the influence of marijuana. Employers can even fire employees if they test positive (as long as it’s pursuant to the company’s drug policy).
As a business owner, it’s important to review your drug and alcohol policy, especially since California no longer considers marijuana an illegal drug. Be clear with your employees that even with the passage of Prop 64, they still cannot use marijuana at work. If you’d like an attorney to review it, email me at Cindy@HacklerFlynnLaw.com and we can review it for you.
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