Are there special considerations for employers regarding medical marijuana use?

Yes, there are special considerations for employers in California that need to be taken into account when addressing an employee’s medical marijuana use. These considerations are outlined in state laws which aim to protect a person’s medical privacy and the rights of employers. Under the California Compassionate Use Act of 1996, an employer cannot discriminate against an employee or job applicant based on their medical marijuana use. If an employee is using marijuana for a medical purpose, the employer cannot deny them employment or take any adverse action against them. An employer also can’t require an employee to take drug tests for medical marijuana without reasonable suspicion that the employee is impaired while on the job. Although employers can still have a zero-tolerance policy when it comes to drugs in the workplace, they must have reasonable accommodations in place for employees who need to use medical marijuana for treatment of a serious condition. Employers should make sure that their policies regarding medical marijuana use are clearly communicated to staff and that any necessary accommodations are made to ensure the health and safety of all workers. Ultimately, employers need to ensure that they are acting in compliance with state laws and protecting the rights of their employees.

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