May a California employer refuse to hire a candidate who tests positive for marijuana use, if the candidate is qualified to use marijuana for medical purposes under California law? Does it matter that such marijuana use is still illegal under federal law? On Thursday, the California Supreme Court held that California law does not prohibit an employer from refusing to employ a medical marijuana user, even if his marijuana use is permitted under California law.[2] This case highlights the tension
between a job applicant’s expectation of privacy regarding off duty conduct and the employer’s desire to prohibit even off duty drug use by its employees.
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