Must employers tolerate medical marijuana use?

Marijuana has been legal for medicinal purposes in California since 1996. But only since Obama changed Federal policy and stopped raids and prosecutions for state sanctioned medical marijuana use has the popularity of this once illegal drug flourished. But what are your rights as an employer? If you fire an employee for testing positive for marijuana, are you going to get sued? Must an employer provide "accommodation" for employees using marijuana pursuant to a doctor's prescription?

Fortunately, the California Supreme Court has held that the Compassionate Use Act of 1996 does not give medical marijuana users protection under the Fair Employment and Housing Act. Employers can rely on this precedent to require employees submit to drug test, and are not required to provide accommodations to those who use medical marijuana.