Legal Question in Health Care Law in California

I live in CA and I am a Prop. 215 Medicinal Marijuana patient. Is it legal for employers to revoke offers if tested positive for THC at pre employment UA. I will also test positive for opiates because the vicoden I am also prescribed.


Asked on 1/13/14, 5:27 pm

1 Answer from Attorneys

Yup. Marijuana is still illegal under Federal law. In addition, an employer is entitled to require you not to be under the influence of narcotics if it affects the job in any way, so they can ding you for the Vicodin in many cases. Depending on why you are on Vicodin, you may be entitled to Americans with Disabilities Act reasonable accommodations for the Vicodin, but not if, for example, it would be a Dept. of Transportation violation - such as if the job is repairing or driving public transportation vehicles.

Read more
Answered on 1/14/14, 11:18 am


Related Questions & Answers

More Health Care Law questions and answers in California