CDF Partner and Blog Editor Robin Largent Authors the Article “Marijuana is now legal in California, but employers can still enforce anti-drug policies” for HR Dive on January 5, 2018.
Recreational marijuana use was made legal in California on Jan. 1, but employers can still keep the drug out of the workplace. The new law doesn't prevent employers from upholding anti-drug policies or refusing to hire job candidates who test positive for illegal drugs, according to the California Labor & Employment Blog by Carothers DiSante & Freudenberger LLP.
The law specifically states that it doesn't require public or private employers to allow or accommodate marijuana's use, consumption, possession, growth, sale, transfer or display in the workplace.
Marijuana is still a Schedule I drug under federal law and prohibited by the Controlled Substances Act. A 2008 California Supreme Court decision upheld employers' right to enforce anti-drug policies and reject candidates who test positive for medical marijuana use, and the new law doesn't change that, the law firm noted.
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