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

Q: I work at in n out and we had a comps event where I was caught with possession of marijuana not trying to enter the even

But at the parking lot. I have a medical card I didn’t inhale anything it just fell to the ground and the guy caught me and now I’m fired is this ok?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, employers have the right to maintain a drug-free workplace and can enforce policies prohibiting the use of marijuana, even if you have a medical card. Despite California's legalization of marijuana, both for medical and recreational use, employers can still terminate employees for possession or use on company premises, including parking lots. This is because marijuana is still illegal under federal law, and many employers adopt zero-tolerance policies to comply with federal regulations or their own company standards.

In your case, being caught with marijuana in the parking lot during a company event can be seen as a violation of In-N-Out's drug-free policy. Even though you did not inhale or use the marijuana, possession alone can be grounds for termination if it contravenes company rules. The fact that you have a medical card does not provide full protection in the workplace under these circumstances.

If you believe the termination was unjust or handled improperly, you may want to consult with a legal professional to explore your options. They can help you understand if there are any grounds for challenging the termination based on how the policy was enforced or communicated. Additionally, reviewing In-N-Out's employee handbook or drug policy can provide more insight into whether your rights were violated.

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