The new bill would add a new protected category to the Fair Housing and Employment Act: medical marijuana card holders.
California is well-known in the United States as a haven for people who might want to partake in medical or recreational marijuana. However, under California law, employees do not have specific protection for using marijuana, regardless of its legality. The California Supreme Court has held that employers can lawfully deny employment to individuals who use medical marijuana, even if they use it for medical purposes. The Adult Use of Marijuana Act affirmed this right, stating that employers have the choice to maintain an alcohol and drug free workplace.
However, as a California employment law attorney can explain, a new bill may change the landscape significantly for anyone who uses medical marijuana. Two California legislators have introduced Assembly Bill 2069. This bill would amend the California Fair Housing and Employment Act by adding a new protected category: people who hold medical marijuana cards. Employers would be prohibited from engaging in discrimination against a person on the basis of holding a medical marijuana card, or from having a positive drug test for cannabis if they have a medical marijuana card. The bill would allow employers to take corrective action against employees who are impaired by marijuana use at the workplace. Employers could also refuse to hire an individual with a medical marijuana card if hiring the person would cause the company to lose a monetary or licensing related benefit under federal law or regulations.
If this bill were to become law, it would significantly change the legal landscape in California. While employers would not have to permit employees to use recreational marijuana, they would have to treat employees and job applicants who have medical marijuana cards differently. This may include altering their drug testing policies. According to a California employment law attorney, it may also raise questions about whether employers would be required to recognize medical marijuana use as a reasonable accommodation for a disability.
Of course, the issue is complicated because marijuana is considered a Schedule I drug under federal law — and federal courts have held that employers are not under an obligation to accommodate illegal drug use. However, if this bill were to become law, it is clear that people who hold medical marijuana laws would have employment protections under California law. If employers fire them or otherwise discriminate against them for using medical marijuana on their own time (i.e., not at work and they are not impaired at work), then they would have recourse under California law.
This bill is still in its early stages, and is not yet law. However, if it does pass, it will have a major impact on Californians. As California employment law attorneys, the law firm of PLBH is committed to fighting for the rights of employees — including those who may be discriminated against for using medical marijuana. Contact our firm today at (800) 435-7542 or info@plblaw.com if you have suffered discrimination at your workplace due to your disability or other protected characteristic.