Legal Question in Workers Comp in California

If the Employer has a rule that it's employees never test positive for THC, then it has the right to terminate you.

Marijuana is still an 'illegal' substance in federal codes and could be prosecuted by the federal government.

Using a California 'medical marijuana' card does not mean the employer has to employ you and does not mean you are not committing a federal crime (so it's smart NOT to post for the police and investigators to see that you admittedly 'smoke at night'. Pretty bad idea!!)

If the employer has never dismissed an employee after a positive drug test but then dismisses you, you could try a Labor Code 132a Petition alleging the employer engaged in unlawful discrimination to retaliate for you requesting workers comp benefits.

But I don't know of any Workers comp judge who would find that when an employee tests positive for an illegal substance that an employee has no right to terminate them.

ALSO: there are workers compensation insurance adjusters who will deny responsibility for your injury based on the level ot THC, claiming the puncture was the result of working under the influence of an illegal drug,..

...so don't be shocked if the adjuster issues a 'delay' noticie followed by a denial of all liability for treatment on your hand.