What happens if a potential new hire has a medical marijuana card or uses marijuana recreationally? How will this work if he fails his pre-employment drug test?

Despite the legalization of cannabis/marijuana, employers may continue to maintain drug- and alcohol-free workplaces, including prohibitions on marijuana. Proposition 64 specifically allows employers to maintain drug- and alcohol-free workplaces and does not require employers to permit or accommodate marijuana use, possession or sale in the workplace. In addition, marijuana remains illegal under federal law.

Moreover, an employer is not required to allow employees to use medical marijuana as a reasonable accommodation under California’s Fair Employment and Housing Act.

In 2008, the California Supreme Court held that it is not a violation of California law