Stoned at Work: A Workplace Discrimination Debate

December 12, 2019

Stoned at Work: A Workplace Discrimination Debate

stoned at work, workplace discrimination

A survey published by Drug and Alcohol Review found that 5% of California adults over the age of 21 had used medical cannabis at least once for a “severe” condition. Whereas, 5% of California employees is approximately one million people.


Now, what happens when these legal medical cannabis users go to work? Hence, the workplace discrimination debate.


According to the same survey, “many employers nonetheless prohibit workers from using medical cannabis but allow them to use other, more dangerous and addictive drugs such as opiates when prescribed by their physicians.”


This double standard needs to be re-stated: Employers can prohibit workers from using medically prescribed cannabis—but at the same time allow them to use other medically prescribed drugs.

Is employer bias against cannabis use workplace discrimination?

All of us know friends and family members who have been fired unfairly or been discriminated against at work. It seems like employers can always find creative reasons to fire someone, regardless of whether it’s legal or not.


Currently, there’s a new area of employment law that’s being debated in California: As marijuana laws continue to change, how does this affect workplace discrimination against medical marijuana patients? While marijuana may be legal for adults 21 and over, you can still lose your job for marijuana use while you are not at work—regardless of whether it was medically prescribed or not.


Legally, California employers are allowed to deny employment opportunities or cease employing someone based on their cannabis use, regardless of whether cannabis was medically prescribed.

Are there efforts to change the law?

There are efforts to change the law but as of 2021—even though California has legalized the use of both recreational and medicinal marijuana—an employer still has a right to refuse to hire someone or make workplace accommodations to those who have tested positive for the drug. In fact, California’s highest court has written that the state’s legalization statute did not give marijuana the same status as legal prescription drugs.


With regard to the drug’s illegal status under federal law, the court held that the state’s disability-discrimination statute did not require employers to accommodate illegal drug use. But the times continue to change. That’s why our employment attorneys will continue to monitor and study this debate.

Know Your Rights | Tell Us YOUR Story.

Because California is an “at-will” employment state (employers are free to terminate employees at any time) employees think that they have no rights. Nothing could be further from the truth. Learn more about your employee rights. Contact us today.


Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With more than forty remote attorneys, LFECR is prepared to work on behalf of their clients anywhere in California.


Fired unfairly? Take advantage of a free legal consultation with LFECR.

If you have concerns about workplace discrimination and how it impacts your wellness, 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.


Share on Social Media

A person is using a calculator in front of a laptop computer.
By Oriana Iraneta April 26, 2025
Talking about how much you earn can feel taboo—but in California, it’s not only your right, it’s protected by law. Still, many workers wonder: Can I get in trouble for discussing my pay with coworkers? The short answer is no—but let’s break down your rights and what you can do if your employer crosses the line.
A woman is sitting next to a yellow box filled with her belongings.
By Oriana Iraneta April 25, 2025
Losing your job can be a daunting experience, especially amid California's evolving job market. Recent layoffs across various sectors, including biotech and retail, have left many employees seeking clarity on their rights and what to do next. If you've been laid off, it’s crucial that you understand your legal protections and options. 1. Understand Your Rights Under the California WARN Act The California Worker Adjustment and Retraining Notification (WARN) Act requires employers with 75 or more employees to provide at least 60-days’ advance notice before conducting mass layoffs , relocations, or plant closures. Failure to comply can result in penalties, including back-pay and the value of lost benefits for each affected employee. 2. Review Your Final Paycheck and Benefits Under California law, laid-off employees must receive their final paycheck, including any unused, accrued vacation pay, on their last day of work. While employers typically do not have to pay out unused sick leave unless a policy or contract says otherwise, they must inform you about your options for continuing health insurance coverage, such as COBRA or Cal-COBRA, if applicable. 3. Evaluate Severance Agreements Carefully Severance packages are not required by law, but some employers offer them voluntarily. These agreements often include financial compensation in exchange for your agreement to waive certain rights, such as the ability to file a lawsuit against the employer. Before signing anything, it's wise to consult with an employment attorney to ensure the terms are fair and that you're not forfeiting your rights to pursue any valid legal claims. 4. Apply for Unemployment Benefits Promptly You may be eligible for unemployment benefits through California's Employment Development Department (EDD). The EDD offers temporary financial assistance while you search for new employment. Ensure you meet the eligibility criteria and apply as soon as possible to avoid delays in receiving unemployment payments. 5. Consider Potential Legal Claims Even though California is an at-will employment state, employers cannot terminate employees for illegal reasons, such as discrimination based on age, race, gender, retaliation for whistleblowing, or taking protected leave. If you suspect your layoff was unlawful, document any relevant incidents and consult with an employment attorney to explore potential claims. 6. Stay Informed About the Job Market California’s job market is shifting, with mass layoffs reported in industries like biotech and retail. Staying informed about job market trends can help you identify opportunities in growing sectors and tailor your job search effectively. 7. Seek Legal Guidance Navigating a layoff can be overwhelming. An experienced employment attorney can provide clarity on your rights, identify potential claims, and provide personalized advice during this transition. Being laid off is never easy but understanding your rights and taking proactive steps can help you navigate this period effectively. Stay informed, seek support, and remember that legal resources are available to assist you. If you've recently been laid off, don’t navigate this alone. Contact Lawyers for Employee and Consumer Rights today for a free consultation with an experienced employment lawyer. We'll review your case and guide you through your legal options.
A woman is sitting at a table using a laptop computer.
By Oriana Iraneta April 17, 2025
Learn how the Freelance Worker Protection Act protects California freelancers. Talk to an employment lawyer if your client breaks the law.
More Posts