California employers can still enforce their drug-free workplace policies and discharge employees who test positive for marijuana, despite the recreational marijuana laws that go into effect in January 2018.
On November 8, 2016, California voters enacted the Adult Use of Marijuana Act. Effective January 1, 2018, adults over the age of 21 can smoke marijuana recreationally. Health & Safety Code § 11362.1(a)(4). Marijuana, meanwhile, will remain legal for medical use by patients who have a physician’s recommendation, under California’s Compassionate Use Act of 1996. Health & Safety Code § 11362.5. So how will the new law affect employers? Continue Reading Not Up In Smoke: Employers Can Still Enforce Drug Policies