Can I still deny employment if an applicant used cannabis three weeks ago and it is showing up on a drug test now?
Cannabis/marijuana compounds and metabolites can stay in someone’s system longer than other drugs, so it is possible that a person can test positive for the drug even though the person hasn’t used it for days or weeks.
Effective January 1, 2024, California’s Fair Employment and Housing Act prohibits employers from discriminating against an employee or job applicant based on the person’s use of cannabis off the job and away from the workplace, which changed pre-employment testing practices.
Employers are still able to conduct preemployment drug testing, and an employer can still
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