What can I do if our company requires pre-employment drug tests, but an applicant refuses to take the test?

If you require pre-employment drug tests and you informed the applicant that the job offer was contingent on passing a drug test, you can withdraw the offer because the applicant refused to take the test.

Employers should be aware that, effective January 1, 2024, California prohibits discrimination on the basis of an applicant’s or employee’s off site and off-duty use of cannabis. Employees may still conduct drug testing for cannabis, but the test must be a valid screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites. Employers screening for cannabis should work with their legal counsel and testing