Sacramento, CA asked in Cannabis & Marijuana Law for California

Q: Can I get fired for smoking Marijuana

been with company for 12 years never been written or or called in sick there were allegations that I was smoking Marijuana on my breaks I have been suspended but they did not list the reason why in writing only verbal this happened last Wednesday when I was in Turlock they called and said I needed to check out of hotel and would not be able to work until investigation is complete just need a lawyer for help on this case I LOVE MY JOB AND DONT WANT TO LOOSE IT. I do have my medical card from a doctor for the past 6 years for cannibas I will pay for whatever it takes to keep my job.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: You cannot smoke marijuana at work, unless it is in your home or a business specifically licensed for consumption of marijuana. The law about where you can use it is very specific, you cannot be in public places or in your car. So, you could be fired for committing a criminal act. It does not matter if smoking is for medical purposes or not. In CA you cannot smoke, anything, in a workplace. If I were in your position, I would go to my favorite supervisor and be very contrite about making a mistake in understanding where you could smoke medical marijuana, and that you understand now, and promise it will not happen again. What will happen will happen, and no attorney involvement will stop your employer from taking whatever action they think is best for them. You may be able to claim a failure to accommodate a physical disability/medical condition if you get fired, and you can sue for reinstatement, but the damage is already done from your actions smoking marijuana on your breaks. I am unsure whether the Medical Marijuana card would provide you with any additional protections, it may, but what you are really dealing with here is the mindset of your employer.

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