Legal Question in Entertainment Law in California
For a medical marijuana patient in California, can said patient's employer learn that the employee is a registered medical marijuana patient? Drug tests are not a concern and said employee would never enter the workplace under the influence of marijuana.
1 Answer from Attorneys
Don't understand the question. You would be nuts to tell your employer, and what is the employer going to do, ask your doctor? Hire a private eye to follow you around? Thanks to the controversial California Supreme Court ruling in the Ragingwire case, employers may lawfully drug-test employees and prospective employees; and then fire them, or not hire them, based on the presence of trace amounts of marijuana metabolites, even if they are "registered medical marijuana patients." Some people, some employers, and some public agencies, in California and elsewhere, believe that the presence of trace amounts of marijuana metabolites equates to being "under the influence of marijuana."
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