Calif. Employers Need Not Hire Medical Marijuana Users

Law360, New York (February 13, 2008, 12:00 AM EST) -- Must a California employer hire a job applicant who tests positive on a prehire drug test, but claims to be using marijuana for "medical reasons"?

"No," according to the California Supreme Court.

On Jan. 24, 2008, the court held that employers may decline to hire applicants who use marijuana in violation of federal law, even if that use would not be a violation of state criminal law.

The court declared: "Nothing in the text or history of the Compassionate Use Act [Cal. Health & Safety Code...
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