Clearing haze over marijuana use in California

California employers have been wondering whether they can continue to enforce their drug-free workplace policies now that marijuana is legal for both recreational and medicinal purposes. A recent federal district court decision clears up any confusion they might have by confirming that employers still can condition an offer of employment on the completion of a preemployment drug screen, including for marijuana. The decision also addresses questions employers have about any duty to accommodate an employee's marijuana use.

State of marijuana in California

At the federal level, marijuana continues to be a Schedule I controlled substance, meaning its possession and use are crimes. But California has enacted medical and recreational marijuana laws that eliminate any crimes at the state level. The Compassionate Use Act (CUA), enacted in 1996, protects people using medical marijuana from criminal prosecution by the state. Employers continually wonder whether they have a duty to accommodate medical marijuana use. Not yet, but stay tuned.

The California Supreme Courts 2008 opinion in Ross v. RagingWire Telecommunications held employers need not accommodate an employee's medicinal marijuana use, irrespective of the CUA. Ross noted the CUA doesn't grant marijuana the same status as a legal prescription drug. And because marijuana remains illegal under federal law, it can't be "completely legalize[d] for medical purposes."