Can I be withheld from CDCR employment due to medical marijuana?

I was withheld from the examination process because I consumed marijuana in the past 2 years, however I had a medical marijuana card at the time. Is there anything I can do to appeal this?

Asked on May 7, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is nothing you can do: employment, even government jobs, is "employment at will": employers may freely decide who to hire (and who to not hire) so long as they do not discriminate against a protected class or group (e.g. on the basis of race, religion, sex). However, there is no protection for medical marijuana users in the law, so they can choose to not hire for this reason.


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