can i be fired for a positive drug test if i have a medical marijuana card in ca.?

Question

i have worked for 1.5 years at the same place. my direct supervisor knows i have a medical card and the company is going to start enforcing a random drug test policy. I t has had a policy as far as policies and proceedures are concerned but has never been enforced. Due to a large amount of injuries recently they are going to begin enforcing the policy. Can i be fired if i test positive for marijauna?

Answer 1

Favorite Answer

The California Supreme Court established in Ross v. RagingWire Telecommunications, Inc. (2008) 42 Cal.4th 920, that the Compassionate Use Act did not prevent an employer from enforcing conditions of employment prohibiting the use of marijuana.

Source(s): 35+ years as a criminal defense attorney

Answer 2

If your employer has a policy regarding positive drug tests, then yes they can fire you if anything out of concern that being under the influence of this drug affects your job performance.

Answer 3

You can be fired for THOUSANDS of things that are not illegal. At BEST, the medical marijuana card means the State of California won't arrest you for possession of marijuana. People are fired every day for abusing alcohol.

Answer 4

Probably - it's NOT legal, and if the employer has a zero tolerance policy I'd say start finding a new job.

Answer 5

Yes you can. Pot is still an illegal drug on the federal level.

Answer 6

Sure you can. It's illegal Federally, and they can fire you if you are using an illegal drug.

Source(s): 10+ years Law Enforcement

Answer 7

unless you work for the federal government, no, you can't be fired due to a medical condition unless it is permanent and it interferes with your ability to perform at work.