What's an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or possession affect termination, disability and drug testing issues?
As of October 2015, 23 states, including California and the District of Columbia, have legalized marijuana for medical use and four states have legalized marijuana for recreational use. See California Health & Safety Code § 11362.5 ( the Compassionate Use Act of 1996). Despite state law trends to decriminalize marijuana use and possession, however, marijuana remains a Schedule 1 drug, i.e., a narcotic, under the Federal Controlled Substance Act (21 U.S.C. § 801-971). Possession of marijuana, therefore, even by medical users, is unlawful under Federal law. See 21 U.S.C. §§ 812, 844(a).
To date, California...
