While recreational marijuana use was legalized in California on January 2018, employers can still discriminate based on marijuana use. Under California law, employers are not required to accommodate marijuana use, medical or otherwise. They can also fire any employees who test positive for marijuana use, regardless of why or where the use occurred. California law also allows employers to rely on federal law when enforcing drug-free workplace policies, effectively classifying marijuana as an illegal drug.
We have seen these types of policies cause many problems in other states that legalized marijuana before California. For example, in Colorado, there have been numerous lawsuits against companies for firing disabled employees who use medical marijuana. However, all the employees always lost due to Colorado laws being similar to those of California. These people have difficulty finding jobs afterward because their disabilities make them unfit for many tasks in the job market.
While some California cities, such as San Francisco, have laws preventing random drug testing, many others have no restrictions. California lawmakers need to consider that the individuals who use medical marijuana likely need it to deal with their current health situations. Allowing employers to fire them, even when they have done nothing wrong, is unjust. Marijuana is an effective way for employees with conditions such as PTSD, chronic pain, or muscle spasms to find relief. Its use should not determine whether or not these individuals should be hired or fired.
Sources:
- https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/can-california-employers-still-test-for-marijuana.aspx
- https://www.nolo.com/legal-encyclopedia/state-laws-on-off-duty-marijuana-use.html
- https://www.consumeraffairs.com/news/disabled-people-can-be-fired-for-using-medical-marijuana-even-in-colorado-042117.html
