Just Say No! Protection for Workplace Medical Marijuana Use Up in Smoke

Drug use in California can cause headaches for employers.  Balancing employee privacy interests against safety concerns forces employers to make tough choices with little guidance.  Legal drug testing of existing employees is so limited that most drug use won’t be detected until after an accident.  With increasing support for legal medical marijuana, many employers have struggled to determine how to respond to applicants and employees who test positive.  Now, with recent case law and the FEHC’s final regulations, employers finally have the support they need.

A Puff of History on Legalized Medical Marijuana  In 1996, California legalized prescription medical marijuana use. It did not, however, address use in the employment context.  California employers had no guidance as to whether or to what extent an employee who tested positive had to be accommodated. 

To read this blog post click here