Marijuana May be Legal, but a Positive Drug Test Could Cost Your Job

Eyewitness News Investigates what the passage of Prop 64 means in terms of employment, The prop legalized recreational marijuana use in California, and ever since there's been some confusion about what that means in term of the workplace.

 

Marijuana may be legal to use in California, but employees beware.  A dirty drug test could still cost you your job.

 

Fresno employment attorney Steve Krass says, "An employer may still maintain a drug free workplace, and in order to do that, it still may have policies that prohibit cannabis use."

 

Krass says specific provisions were written into the law.  Prop 64 states that public and private employers may still ban marijuana use by their employees.

 

"In that aspect you get what you vote for," says Krass.

 

Anne Marks, who works at Fresno's Drug Testing Center says, "It really hasn't changed anything because it's still illegal under federal law."

 

Marks says since election day, the number of customers showing THC in their systems has gone up.

 

"There's definitely been an increase in positives," says Marks.

 

Marks says there's also been in a increase in the number of employers conducting random drug tests.  It doesn't matter whether or not you smoked on the job.  For example, say you used marijuana on your day off and a week later were given a random drug test.  There's a good chance you could test positive and that could end your employment.

 

"Depending on the user and the amount that they're using and their frequency, it can stay in the system a lot longer than the 30 day myth."

 

Some say it's confusing being told you can legally use marijuana, but can still lose your job if you do.

 

Fresno resident "Bob" says, "If it's something that lingers in the system but it doesn't impair you, that's why we have the legal system."

 

Fresno resident Andrew Moritz says, "I think if people are doing something in their free time and it's not hurting other people, it shouldn't really affect other people."

 

Krass says it's actually pretty simple.

 

"At some point, just say no.  If you want a job and you want to take your career seriously, this is something you're going to need to take into account."


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