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:
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.