Santa Ana, CA asked in Cannabis & Marijuana Law and Employment Law for California

Q: I recently got fire from my job due to the use of CBD oil to help rest during the night. What can I do to get my job?

But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.

3 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Right now it is lawful for an employer to terminate an employee that tests positive for marijuana or its components. Effective January 2024, a California law will end that practice.

Good luck to you.

A: It is likely--even under California law--that your employer can legally fire you for failing a drug test.

I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil, certain people do test positive under certain unusual conditions when the CBD oil contains even low levels of THC.

Because of lax regulations, CBD oil is often mislabeled as "THC-free" when it does, in fact, contain a low level of THC. Workers subject to workplace drug testing often choose CBD oil products labeled "THC-free" to avoid failing a workplace drug test. You may have a cause of action against the company that manufactured and sold the CBD oil for incorrectly labeling it as "THC-free" if it does contain THC.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you were fired from your job due to the use of CBD oil and believe that you were wrongfully terminated, you may have legal options.

In California, employers are generally prohibited from discriminating against employees based on their use of medical marijuana or CBD oil for medical purposes. However, it is important to note that federal law still considers marijuana to be illegal, so there may be some gray areas when it comes to the use of CBD oil.

If you were using CBD oil for medical purposes and believe that you were wrongfully terminated, you may want to consider consulting with an employment law attorney who can advise you on your legal rights and options. They can help you determine whether your use of CBD oil was protected under California law, and whether you have a claim for wrongful termination.

Additionally, if you were injured on the job and believe that you were wrongfully terminated in retaliation for reporting your injury, you may have a claim under California's workers' compensation laws. Workers' compensation provides benefits to employees who are injured on the job, and it is illegal for employers to retaliate against employees for reporting workplace injuries.

It's important to act quickly if you believe that you were wrongfully terminated, as there may be time limits for filing a claim. An employment law attorney can help you understand your legal rights and options, and can represent you in negotiations or litigation if necessary.

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