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California Haze: Confusion Around Employee Use of Legalized Marijuana

By Karina Sterman
Greenberg Glusker
Los Angeles, California

Many employees and employers alike are therefore surprised to learn that, in light of this legal context, employees who legally use either recreational or medical marijuana at work (or test positive for it during work) are not protected from discipline or termination.

In fact, both the CA Supreme Court and legislature, ten years apart, having had an opportunity to protect employees’ legal use of marijuana did not do so. To the contrary, the most recent CA statute in effect expressly states that even though personal use of marijuana is legal, employers are still free to test for and discipline employees who use it. The California Chamber of Commerce has lobbied for this to stay in

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The general information contained herein is intended for informational purposes only. It is not intended to be, and should not be construed as, legal advice or legal opinion on any specific facts or circumstances.

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