In her byline article for The Recorder titled “California Employers’ Ability to Test for Marijuana Post-Proposition 64,” partner Hilary Weddell reviews workplace marijuana testing policies following Prop 64, which legalized recreational marijuana use. As Hilary explains, when there is no way to test whether a person is currently impaired from marijuana use, how and when can employers test employees for marijuana?
Hilary reviews the state law governing marijuana testing, noting that California courts have upheld an employer’s right to conduct “suspicionless” pre-employment drug testing and that an employer maintains the right to refuse to hire an applicant who tests positive for marijuana. She offers some best practices for a pre-employment drug testing policy and encourages employers to reevaluate their policies and develop reasonable suspicion checklists.
To read the full article, visit The Recorder (subscription required).