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

Q: Can I get fired for marijuana use in California on my days off!

I got hurt on the job good night I got off I was no longer on the clock. I put a THC hemp oil on my back to help with the pain that you got drug tested the next day if I fail can I get fired?

2 Lawyer Answers

A: Right now the answer is yes, you can be fired if you test positive. Very soon a law is going into effect that will make that not the case. The new law goes into effect on January 1, 2024.

Good luck to you.

Brad S Kane agrees with this answer

James L. Arrasmith
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Answered

A: While recreational marijuana use is legal in California, employers still have the right to enforce workplace policies regarding drug use. If your employer has a policy against marijuana use, even on your days off, and if failing a drug test violates their policy, it could potentially lead to termination. It's important to review your company's policies and consult with an attorney to understand your specific situation.

James L. Arrasmith

Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.

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