Legal Question in Employment Law in California

I go for a job they want to give me a drug test I tell them that I have a medical marijuana card so yes it is in my system can they not hire me? As long as I have a card and am not doing it at work it should be ok right?


Asked on 3/28/11, 8:43 am

2 Answers from Attorneys

No employer has to accept an employee who smokes marijuana if they don't want to. There is certianly no law that says you are entitled to a job as long as you don't smoke on the job. Furthermore, there are some jobs where the employer would be required by law NOT to hire you if you test positive, and to fire you if you test positive after hiring. Many jobs regulated by federal Dept. of Transportation laws are like that. It doesn't matter why you test positive. If you do, the employer cannot hire you and must fire you. Zero tolerance. The same is true of jobs on many boats, including fishing charter boats. There are hundreds of others. I won't go into my opinion of medical marijuana, but you need to know that if you want to maximize your job prospects, you'll need to find another "treatment" for whatever ails you.

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Answered on 3/28/11, 8:55 am
Terry A. Nelson Nelson & Lawless

Ah, my, the lack of understanding of the laws! This is an 'at will' employment state where employers are free to hire and fire for any reason they like. You have NO 'right' to a job. And NO, that is not 'discrimination' if they don't hire you. Most won't, they don't want drug affected employees, thus Zero Tolerance policies. Besides, that 'card' is a legal fiction honored only by some CA law enforcement to protect you from arrest for violation of CA drug possession laws, and only when you have a small quantity for private use. It is NOT honored by DEA or other federal law enforcement, nor the federal drug laws.

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Answered on 3/28/11, 12:23 pm


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