As of April 2021, over a dozen states in the United States have legalized the recreational use of marijuana. Many other states have decriminalized marijuana and it appears that many more states are on the verge of following the legalization trend. But can employees still lose their jobs over smoking a little weed?
At least in California, the answer is yes. California employers probably can lawfully fire employees for recreational marijuana use, which includes use outside of work. This is particularly true for at-will employees whom employers can fire at any time for any lawful reason without having to show good cause. Further, there is no protected right to ingest marijuana for employers to violate with a termination. Although California’s Proposition 64 and S.B. 94 legalized recreational cannabis usage by persons 21 years of age or older beginning in June 2017, the initiative, bill, and associated code sections all explicitly preserved the right for employers to continue to maintain drug free workplaces and prohibit current and prospective employees from using marijuana. Additionally, marijuana continues to remain illegal under federal law which may give employers a reasonable basis to fire employees for breaking the law.
As a result, employees can get fired for using marijuana, employers can still require marijuana testing, and employees should remain cautious with weed.
(See Link(s): Health & Safety Code Sections 11362.1, 11362.45)