California Marijuana Laws

What Employers Need to Know in 2025

California has legalized both medical and recreational marijuana, and as of January 1, 2024, employers are prohibited from discriminating against employees or applicants for using cannabis outside of work or for testing positive for non-psychoactive cannabis metabolites (the chemical traces that remain long after use).

This means that traditional tests such as urine or hair analysis, which detect only past marijuana use, are no longer lawful bases for employment decisions. However, employers should understand that they are not restricted from corrective or disciplinary action when there is evidence of actual impairment on the job. Any such action should be tied directly to other evidence of the employee’s impairment in the workplace (e.g. testimony or video evidence that the employee used cannabis during work). 

In short: California law treats marijuana use outside the workplace as a protected activity. Employers should avoid testing for cannabis unless there is reasonable suspicion of on-the-job impairment.

Employers should review their employee policies, and their drug testing policies, to ensure that they are in compliance with applicable law. If you need help ensuring that your company is compliant with California’s protections of marijuana, contact Chapman Legal today.