Legal Question in Disability Law in California

Re: drug testing and medical marijuana

Interesting issue. I don't think it has been tested in an appellate decision yet. So far, cases addressing when an employer can drug test deal with the reasonable expectation of privavcy test, which include factors such as written company policies, applicant vs. established employee, and probably most relevant for your client, whether the job involves tasks that may endanger the employee or others. Construction workers tend to be more tightly regulated than clerical, for example.

Sorry I have no definitive answer. Perhaps my colleagues know of some ruling that is helpful.