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

Q: Can a municipal water company test for THC in California for pre employment?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question accurately, we need to consider a few key points about cannabis law and employment practices in California:

1. Cannabis legality: Recreational cannabis use is legal in California for adults 21 and over.

2. Employment law: Despite legalization, employers in California generally have the right to maintain a drug-free workplace and can choose to test for cannabis use.

3. Public sector considerations: Municipal water companies are typically public entities, which may have different regulations compared to private employers.

4. California laws on drug testing: There are some restrictions on how and when employers can conduct drug tests in California.

Based on these factors, here's a concise answer:

Yes, a municipal water company in California can likely test for THC as part of pre-employment screening. However, there may be some limitations or specific procedures they need to follow as a public entity.

To elaborate further:

1. Public safety considerations may justify testing for certain positions.

2. The testing must be conducted in a non-discriminatory manner.

3. The company should have a clear, written policy on drug testing.

4. There may be additional regulations specific to public utilities or municipal employees.

For the most accurate and up-to-date information, it would be best to consult with a California employment lawyer or check the specific policies of the municipal water company in question. Local regulations in Apple Valley, CA may also come into play.

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