Can You Still Fire a Pot-Smoking Employee in California?

It is important for both employers and employees to understand that the new laws permitting recreational marijuana use in California does not impact employers rights to maintain and enforce drug-free workplace policies and drug testing policies. Under federal law, marijuana remains a Schedule 1 drug that is prohibited under the Controlled Substances Act, and the California Supreme Court held in 2008 that an employer lawfully may enforce a policy of refusing to hire an applicant who tests positive for marijuana, even if the employee was using the marijuana for medical purposes.

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