JUN 17, 2021 9:30 PM PDT

California Workers Can Keep Their Jobs After a Positive Test for THC

WRITTEN BY: Angela Dowden

Many states in the USA have legalized cannabis for medical and recreational purposes,.

But under federal law, it remains a Schedule I drug under the Controlled Substances Act and  the cultivation, possession, use and sale of marijuana remains prohibited.

That’s why even in California, which has perhaps the most liberal approach to marijuana, state workers could still get fired if they tested positive for THC (the psychoactive ingredient within cannabis) in drugs tests.

However a decision by California State Personnel Board (SPB) may have changed that going forward.

The ruling, made in March but only recently come to light, determined that urine samples do not accurately reflect whether an employee is under the influence of cannabis while at work, and placed limits on employers using positive cannabis drug tests to discipline state workers.

In this case a CalTrans Highway Maintenance Worker, submitted to a drug test upon his return to duty after an extended leave of absence. The urine test revealed the presence of THC, establishing that he had, at some prior point in time, inhaled or ingested marijuana or a marijuana-infused substance.

The worker was sacked, but appealed to the SPB and won.

In their ruling the SPB noted that  it was not in a position to comment on whether marijuana use was a good or bad thing, because “the voters have spoken and legalized it in the State of California.” As such the SPB went on, state agencies don’t have the power to discipline an employee whose test indicates that “marijuana had been ingested or used sometime in the past [but who] was not under the influence of marijuana while on duty.”

The board further acknowledged that the behaviour of the employee in questions was “no different from the personal consumption of wine, beer, or other alcoholic beverages.”

However, the SPB ruling does clarify that the decision neither covers federal government employees or federal contractors in California, nor law enforcement officers.

 

Sources: Ganjapreneur, SPB

 

About the Author
  • I'm a journalist and author with many year's experience of writing for both a consumer and professional audience, mostly on nutrition, health and medical prescribing. My background is food science and I'm a registered nutritionist.
You May Also Like
JUN 30, 2021
Cardiology
Temporary Pacemaker Can Dissolve Away
JUN 30, 2021
Temporary Pacemaker Can Dissolve Away
Sometimes heart patients may need a pacemaker temporarily, they may be waiting for a permanent one, or it might be neces ...
JUL 02, 2021
Genetics & Genomics
Fish Models Provide New Insight Into Rare Genetic Diseases
JUL 02, 2021
Fish Models Provide New Insight Into Rare Genetic Diseases
Fish can serve as good research models. They can develop quickly, outside of the mother where they can be observed. Some ...
JUL 04, 2021
Earth & The Environment
Unprecedented Heat Batters Western Canada, Kills Hundreds
JUL 04, 2021
Unprecedented Heat Batters Western Canada, Kills Hundreds
The heat wave that has been devastating communities in western Canada and the Pacific Northwest of the United States may ...
JUL 12, 2021
Cell & Molecular Biology
A Molecule From the Gut Microbiome May Fight Tumors
JUL 12, 2021
A Molecule From the Gut Microbiome May Fight Tumors
The more we learn abut the gut microbiome, the more it seems that the microorganisms in our gastrointestinal tracts can ...
JUL 15, 2021
Health & Medicine
The Effect of Cannabis Dispensary Density on Young People's Cannabis Use
JUL 15, 2021
The Effect of Cannabis Dispensary Density on Young People's Cannabis Use
As cannabis dispensaries have sprung up in legal states all around the USA, there has been little analysis of their impa ...
JUL 22, 2021
Health & Medicine
Little Evidence That Cannabis Leads to Demotivation in Young People
JUL 22, 2021
Little Evidence That Cannabis Leads to Demotivation in Young People
The “cannabis stoner” may increasingly be recognized as a tired trope, but there is still a lingering percep ...
Loading Comments...