Join the Fight to Win Employment Rights for CA's Marijuana Users



Download a flyer on our Employment Rights Campaign

Download a flyer aimed at industry support for the campaign

Hear an informative program from KALW radio on the topic


As we feared, one of the most frequently asked questions we have been getting since Prop. 64 passed legalizing adult marijuana use in California is, "Am I now protected against drug testing on my job?"

Sadly, the answer is most often, "No." Prop. 64 specifically allows employers to continue to discriminate against their workers, even when their marijuana use is during nonworking hours. In California, even medical marijuana patients are not protected against employment discrimination. California’s Supreme Court ruled in 2008 that Prop. 215 does not grant workers’ rights, and a law passed to change that in 2008 was vetoed by Gov. Schwarzenegger.

San Francisco has a law against employment drug testing.

Eleven states have made it illegal for an employer to not hire or to discriminate against either a job applicant or employee who uses medical marijuana, under certain conditions. Some also protect tenants' rights, parental rights, and others.

Those states are:

Arizona
Arkansas
Connecticut
Delaware
Illinois
Maine
Minnesota
Nevada
New York
Pennsylvania
Rhode Island

Cal NORML is making it a priority to advance legislation to protect workers' rights in California. Employment drug testing has been shown in federal studies not to improve worker safety, but it's a great way to discriminate against cannabis consumers. We hope to sponsor a bill that will truly make marijuana legal for all adults and educate unions and employers about the needlessness of drug testing.

Join the Campaign! We will need you to lobby your elected officials to introduce and pass a bill.

You can also support our efforts by joining Cal NORML.

Also see:

California Chamber of Commerce: Marijuana and Workplace Policies

Marijuana and the workplace

More Colorado businesses dropping pot from pre-employment drug tests

Study: Workplace Absences Decline Following Passage Of Medical Cannabis Laws

Study: Medical Marijuana Laws Associated With Greater Workforce Participation Among Older Americans

Drug testing: Tech firms adopt ‘don’t ask, don’t tell’ stance on cannabis use

Hiring Hurdle: Finding Workers Who Can Pass a Drug Test

Marijuana may be legal, but it can still get you fired

Marijuana reform is a work in progress despite Prop. 64 victory

Legal Marijuana Poses New Problems For Employee Drug Testing WSJ 11/22/16

California employers question drug testing policies in face of Proposition 64 Nor Cal Record

Marijuana, now legal in California, can still stop workers from getting a job LA Times

Sword of Damocles: Pot Partisans Fear Trump’s DOJ

Drug Tests Don't Make Sense, So Why Are Employers Still Using Them?

NORML's Model Workplace Policy for Cannabis

It’s Time For Employers To Rethink Marijuana, Drug-Testing Policies