Law Advocate Group, LLP 
With the legalization of recreational and medical marijuana in California, many employees wonder about their rights in the workplace. While cannabis is legal in the state, employers can still enforce workplace drug policies. In this blog post, we’ll discuss California’s marijuana laws, employee protections, and employer rights when it comes to cannabis use.
Is Marijuana Use Protected for Employees in California?
Under California law, individuals 21 and older can legally use recreational marijuana, and medical marijuana patients have additional protections. However, workplace policies still apply, and employees can face consequences for using cannabis—especially at work.
Can Employers Fire You for Using Marijuana?
- Yes – Employers can enforce zero-tolerance drug policies, even for off-duty marijuana use.
- No legal protection exists for employees who fail a drug test, even if they have a medical marijuana prescription.
- New Protections in 2024 – Starting January 1, 2024, California law prohibits discrimination against employees for off-duty marijuana use, except in certain jobs (e.g., federal positions, safety-sensitive roles).
Drug Testing and Workplace Policies
Employers can still conduct pre-employment, random, or post-accident drug testing. However, new laws aim to limit unfair testing practices.
Changes in Marijuana Drug Testing Laws
- As of 2024, employers cannot penalize employees for non-psychoactive cannabis metabolites found in drug tests.
- Testing for active THC impairment (not just past use) will be the new legal standard.
Employee Rights for Medical Marijuana Use
- California’s Compassionate Use Act allows medical marijuana use, but it does not require employers to accommodate it.
- Employers can still discipline or fire employees for testing positive for THC, even with a medical card.
Protections for Workers in California
- Unionized employees may have stronger protections under collective bargaining agreements.
- Government employees may face stricter regulations due to federal drug policies.
- Discrimination based on legal off-duty marijuana use will be prohibited under AB 2188 (2024 law update).
While marijuana is legal in California, employees can still face workplace consequences for use. However, new laws in 2024 will provide stronger protections for off-duty cannabis users. If you believe your employer has violated your rights, Law Advocate Group, LLP can help. Contact us today for expert employment law assistance.
