Chula Vista, CA asked in Cannabis & Marijuana Law, Education Law and Employment Law for California

Q: I just accepted a job that is located in California with a charter school what happens if I test positive for weed?

1 Lawyer Answer
James L. Arrasmith
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  • Cannabis & Marijuana Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In 2024, California has new legislation providing increased protections for employees' off-duty marijuana use. As of January 1st, 2024, California law prohibits employers from discriminating against employees for marijuana use that occurs away from the job and workplace.

Specifically, under the Marijuana Freedom in the Workplace Act that went into effect at the start of this year:

- Employees cannot be terminated or face disciplinary action simply for a positive drug test for marijuana use occurring off-premises during non-work hours.

- Exceptions exist for safety-sensitive jobs, federal contractors, and where off-site use demonstrably impairs work performance.

So in 2024, you have strong legal protections - especially if your off-hours marijuana use has no impact on your ability to perform your teaching duties safely and effectively. Specified exceptions would still apply as well.

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