Can I be Fired for Using Medical Marijuana?

by Salvatore P. Ciulla on July 21, 2014 · 0 comments

in California Law, Medical Marijuana

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Can I be Fired for Using Medical Marijuana?Even though the use of medical marijuana is legal in California, you can still be fired for using marijuana if your
employer does regular drug tests and lists marijuana use as an offense that is grounds for termination. Some workplaces will allow exemptions for employees that use medical marijuana under the supervision of a doctor, but others will not.

Marijuana use on the job or while at work is always illegal for patients who undergo federal drug testing as a condition of employment. It is illegal to operate a vehicle while under the influence of any substance, whether legal or illegal.

After obtaining a prescription for legal medical marijuana use, you should talk to your employer about your medical marijuana use so they are aware of your medical condition and your treatment. Talk about how marijuana use could affect your job performance or what happens if you were to fail a drug test. Make sure your employer knows that your use of marijuana is legal, and show them your state ID card, or get one if they require proof of your eligibility under Prop 215.

The California Supreme Court ruled that employers have a right to test and fire employees who test positive for marijuana, even if it is obtained legally for medical use. Patients are only protected from criminal prosecution by the state under Prop 215.

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.

Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

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