Drug screening laws have undergone significant changes in California with the legalization of cannabis. While the use of cannabis is legal for both medicinal and recreational purposes, employers in California have been hesitant to relax their drug testing policies due to the complexity of the laws. In this article, we will explore the recent changes in drug screening laws in California cannabis and what they mean for employers and employees alike.
Introduction Drug Tests
The legalization of cannabis in California has brought about significant changes in drug screening laws, which can be confusing for employers and employees alike. With the increasing use of cannabis for both medical and recreational purposes, it is important to understand the new regulations that have been put in place. In this article, we will discuss the changes in California’s drug screening laws related to cannabis and how it affects the workforce.
Background of California’s Drug Tests and Laws
Before the legalization of cannabis in California, employers could require employees to undergo drug screening tests for cannabis, even if they had a medical prescription for it. This was due to cannabis being classified as a Schedule I drug under federal law, which meant that it was illegal for any purpose. However, with the legalization of cannabis for medical and recreational use, the laws surrounding drug testing have become more complicated.
Changes in California’s Drug Tests Law
Under California’s drug screening laws, employers can no longer use a positive test for cannabis as a basis for discipline or termination of employees who use it for medical purposes. However, this does not apply to employees who use cannabis for recreational purposes or who use it while on the job. Employers still have the right to prohibit employees from using or being under the influence of cannabis during work hours and can discipline or terminate employees who violate this policy.
Implications for Employers and Drug Tests
With the changes in California’s drug screening laws related to cannabis, employers must review and revise their drug testing policies to comply with the new regulations. Employers should consider the following factors when revising their drug testing policies:
Whether drug testing is necessary for safety-sensitive positions
The potential impact of testing positive for cannabis on an employee’s employment
Whether drug testing policies comply with both state and federal laws
Employers should also make sure that their employees understand their drug testing policies and the consequences of violating them. This can be done through employee handbooks, training sessions, and regular reminders.
Implications for Employees and Drug Tests
Employees who use cannabis for medical purposes now have legal protection from disciplinary action or termination by their employers. However, this protection only applies if the employee can prove that they have a valid prescription for medical cannabis. Employees who use cannabis for recreational purposes or who use it while on the job are not protected by these new laws and can still be disciplined or terminated by their employers.
The changes in drug tests and laws related to cannabis in California have brought about significant changes for both employers and employees. Employers must revise their drug testing policies to comply with the new regulations while employees must understand their rights and responsibilities related to the use of cannabis in the workplace. It is important for employers and employees to work together to ensure that everyone is aware of the new laws and how they affect the workplace.
Can employers still drug test employees for cannabis in California?
Yes, employers can still drug test employees for cannabis in California, but they must comply with the new regulations related to medical cannabis use.
What happens if an employee tests positive for cannabis in California?
If an employee tests positive for cannabis in California, their employer can discipline or terminate them if they were using cannabis for recreational purposes or using it while on the job.
Are there any exceptions to the new drug screening laws in California?
Yes, there are exceptions for safety-sensitive positions and for employees who are using cannabis while on the job.
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I have been studying and applying functional medicine in my personal life for nearly a decade. As a student, a retailer and a human being my knowledge is drawn from my own and thousands of other peoples experiences that I have spoken to or aided in discovering the wonderful world of plant medicines.