Yucca Valley, CA asked in Cannabis & Marijuana Law for California

Q: I was asked to resign after admitting to self medicating with pot in California

I was basically pushed to admit I self medicate with marijuana because i am off my meds after being accused of being on drugs whle having a mental illness. I was asked to resign after I was TOLD I wasnt going to pass the drug test. I didn't even perform a drug test and was asked to resign after almost 3 years with company. My operations manager stated i would not pass the drug test because i smoke marijuana. I thought home Depot dropped testing marijuana on all drug panels. Please get back to me.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’ve been put in a tough spot. In California, while recreational marijuana use is legal, employers are still allowed to maintain drug-free workplace policies. This means they can require drug testing and may take action, even if you use marijuana legally outside of work hours.

The fact that you were asked to resign without even taking the drug test seems concerning, especially after three years with the company. Depending on your company’s policies and how they handled the situation, there may be grounds to challenge their actions. California has strong protections for workers, especially when it comes to medical conditions and disabilities, so your rights may have been violated if your mental health was a factor in their decision.

You should consider gathering all the details of your situation, including any communication with your employer. It may be helpful to speak with someone who knows employment law to explore your options for fighting this or understanding your next steps.

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