CSU News

Employers Need not Accommodate Marijuana Use in the Workplace - January 24, 2008

The California Supreme Court has determined that notwithstanding California’s Compassionate Use Act, marijuana remains an illegal drug, and employers may therefore terminate or refuse to hire employees who use it:

Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees. Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions.

The case was brought by an individual who had been prescribed marijuana for a chronic back condition. He argued that he only used it off-duty, off-premises, and that it did not affect his work performance. The Court nonetheless permitted the employer to refuse him employment after he failed a pre-employment drug test.

Ross v. Ragingwire Telecommunications, Inc.
--- Cal.Rptr.3d ----, 2008 WL 191216, Cal., 2008.