When Drug Testing May Be Permitted

Numerous states, including California, have passed drug testing laws. However, California is one of seven states whose constitutions also guarantee an individual’s right to privacy.¹ This guarantee places additional restrictions on laws and regulations applying to alcohol and drug testing programs.

Although the courts have addressed the issue of drug testing, the right of private employers to test current employees for drugs and alcohol remains somewhat unsettled.

Exclamation content: Proposition 64 legalized adult recreational use of marijuana; however, employers may continue to maintain a drug and alcohol free workplace, including prohibitions on marijuana.