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June 28 2018

Will California Employment Law Protect Medical Marijuana Users?

A proposed bill in the state of California would protect medical marijuana users from employment discrimination. California employers currently can deny employment to users of marijuana, even if the use is to treat a medical condition.

But the new bill, AB 2069, would amend the existing Fair Employment and Housing Act to create a new protected category: marijuana card holders. The bill would, however, permit employers to deny employment "if hiring the individual or failing to discharge the employee would cause the employer to lose a monetary or licensing-related benefit under federal law or regulations."

Employers would need to change their drug testing policies and modify how they treat applicants and employees testing positive for marijuana use.

AB 2069 would not protect recreational marijuana users.