- It was found in a case decision, that the employer may terminate employees who test positive for marijuana even if use was off-duty and for a medical condition with a valid medical marijuana card.
- Regarding obligations and rights related to drug testing in California (CA), give high attention to CA case decisions as well as variances within municipalities (e.g., San Francisco).
- (California Rec. 11362.45) This cited section does not change these employer rights and obligations, “… of public and private employers to maintain a drug and alcohol free workplace or require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of cannabis in the workplace, or affect the ability of employers to have policies prohibiting the use of cannabis by employees and prospective employees, or prevent employers from complying with state or federal law.”
(California Rec. 11362.785) “Nothing in this article shall require any accommodation of medicinal use of cannabis on the property or premises of a place of employment or during the hours of employment …