Do employers in California have to honor medical marijuana laws?
Is marijuana use with a prescription in the state of California a fireable offense at places like Best Buy or FedEx?
Basically, are there employers that do honor the state law, or do the all adhere to the federal law?
Pork Patty, does the question really make no sense to you? Or did you just misunderstand it? The other two answers seemed able to decipher my question and give a reasonable response. A new question, what would make you respond in such a way? Reasonable answer only, or please just move along.
Most will obey the law. But they have rules that can vary. It’s up to each individual company regarding therapeutic mj use.
They can choose to adhere to either, but there is a liability associated with allowing someone to work for you knowing they use a drug illegal under federal law.
Because of that, I would be surprised if very many reputable employers would allow it.
It depends upon what you’re asking. If you’re asking whether or not employers have to permit medical marijuana users to toke up during work hours, the answer is a resounding no. An employer in California can fire you for showing up to work under the influence of any substance which interferes with your ability to do your job, even legal ones (that includes weed, alcohol, harder drugs, and even prescription drugs).
Now, if you’re asking whether or not an employee who tests positive for marijuana use on a drug test, but who is not stoned during work hours will be fired, there’s a lot more leeway. Employers will likely be a lot more forgiving with someone who has a medical card, though they are not required to honor it.
If you are using any drug, including legal ones, that could, or are likely to interfere with your ability to do the work then they are legally entitled to fire you or not hire you in the first place
NOTHING an employer could possibly do could violate California’s medical marijuana law. They CAN’T honor or fail to honor it. You CAN be fired WITHOUT cause in California. You can legally be fired for ANY cause that is not specifically prohibited by law. Medical marijuana use is NOT covered by anti-discrimination laws.
No we do not have to honor California Medical Marijuana Laws and as an employer in California I do not honor the California Medical Marijuana Laws.
I do random drug testing on my employees. Any employee found with any trace of Marijuana in their system will be terminated immediately. There are no exceptions.
I have terminated a number of employees because they failed a drug test that we administered.
My Attorneys tell me that if any dope smoking Radical Extreme Leftist wants to challenge me on this that I will win in court.
My Attorneys always win in court, so I would say that it is safe to say that I will win in court if any dope smokiing Radical Extreme Leftist wants to challenge me on this.
Many employers will honor it.
Federal employers within the state, and some national employers may not, and they are within their rights not to. Walmart is an example. They have had a couple of public cases where they have not honored the card.
Even employers only operating within the state technically have a right to not honor it.
No. An employer can make employment conditioned on not drinking or smoking, and staying fit, and damn near anything else. If the law had some effect on private employers, use of marijuana is still a crime and no law requires employers to put up with those who commit federal crimes, even if it is not a state crime. Thus an employer could fire someone who committed a federal criminal copyright violation, even though there is no state copyright law.
No they do not. Neither do the police, they are just no enforcing federal law.
State law can not force a company to violate federal law.
Most people using medical marijuana have disabling and terminal conditions and dont work but if someone does, they would probably smoke outside if at all during the work day.