Getting Fired for Using Legal Marijuana May Be Illegal

August 30, 2020
Two hand holding marijuana

It goes by a lot of names: Trees, Weed, Wisdom Weed, Whacky Tabacky, Pot, Grass, Reefer, Ganja, Herb, Chronic, and more. But “cannabis” is the legal term for recreational marijuana in California, where its been legalized for both adult-use and medical use. In fact, California laws are some of the most relaxed laws in the nation with regard to cannabis use.


While you do have to be 21 or older to possess, purchase, or use recreational cannabis, there are very few restrictions as long as cannabis is consumed as outlined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).


Here’s an important employment rights question: What happens if you use cannabis legally, and get fired unfairly? Clearly, as the laws continue to change, legal users need to know their rights.

Okay, marijuana is legal… but can I get fired for using it?

Several states—including California—have passed laws legalizing marijuana for recreational use. However, these laws generally do not protect employees from being fired due to their off-duty marijuana use. In fact, many of these laws expressly state that they do not affect an employer’s right to continue to enforce zero-tolerance workplace drug policies.


So what is the simple answer to the above question? It all depends on where you work. Even Elon Musk knows that!

  • Can you hang out with co-workers on Friday night and smoke some weed?
  • Can you eat an edible after a long day at work?
  • Can you puff on a vape pen on your lunch hour?
  • What about being drug tested?


The answers to these questions are changing as fast as the marijuana laws are changing. In California, there are no workplace provisions protecting the rights of medical marijuana patients. In fact, there are no laws requiring accommodation for medicating on the job or protection from termination.


KNOW YOUR RIGHTS | KNOWLEDGE IS POWER

In a rapidly changing landscape of marijuana legalization across the United States, the issue of wrongful termination due to legal marijuana use has come to the forefront. The evolving legality of cannabis has raised complex questions about employee rights, workplace policies, and the boundaries between personal life and professional conduct. Wrongful termination cases related to legal marijuana use shed light on the intricate interplay between state laws, employment regulations, and individual rights.


As more states embrace the decriminalization or legalization of both medical and recreational marijuana, employees who legally consume cannabis outside of work hours are encountering situations where their off-duty activities clash with their professional responsibilities. Many individuals have found themselves facing the perplexing situation of being fired or disciplined for engaging in lawful behavior within their private lives. However, numerous jurisdictions are taking steps to protect employees from such wrongful termination, recognizing that off-duty marijuana use, especially for medicinal purposes, should not jeopardize one's livelihood. As employees and employers navigate this emerging legal landscape, it becomes evident that staying informed about local regulations and advocating for fair workplace policies is crucial to ensure that individuals aren't unfairly penalized for using a substance that's legal in their state.

If you believe you were wrongfully terminated, the Lawyers for Employee and Consumer Rights can help.


Call us today for a free and confidential consultation to get the help you need and deserve.


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