CA employers can fire medical marijuana users
Looks like it's official: California employers do have a right to fire employees who test positive for marijuana on drug tests, even if they have dispensations from doctors to use medical marijuana, according to a recent ruling by the California Supreme Court.
"No state law could completely legalize marijuana for medical purposes because the drug remains illegal under federal law," Justice Kathryn Werdegar wrote for the 5-2 majority.
Further, the state Supreme Court said the so-called Compassionate Use Act passed by California voters in 1996 had nothing to do with employment laws.
"Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees," Werdegar wrote. "Under California law, an employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions."
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