Rules for Job Applicants and Drug Testing in California
California court cases have found that employers may require employees to pass a drug test as a condition of employment. As long as an employer tests all applicants for particular job positions and doesn't single out certain applicants based on protected characteristics (such as race or disability), courts have upheld this type of testing.
California allows residents to use marijuana for medical purposes. State law requires users to get a doctor's written authorization to use marijuana. A patient who has a valid prescription may not be prosecuted under state law for crimes relating to the use, possession, or cultivation of a certain amount of marijuana.
However, California's Supreme Court has held that an employer may refuse to hire an applicant who tests positive for marijuana, even if the drug is legally prescribed for a disability.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com