As a priviate security company, can we enforce no drug policy to include marijuana?

UPDATED: Oct 1, 2022

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As a priviate security company, can we enforce no drug policy to include marijuana?

We do not want our security guards working while high on any drugs. What should my drug free policy state to address marijuana?

Asked on April 1, 2019 under Business Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you may. You may have a no-drug policy that prohibits any use of marijuana at work or being under the influence of marijuana at work, the same as people may be prohibited from drinking (legal) at work or being drunk at work.
Where you have a "problem" is that since medical marijuana is legal in CA, and since drug tests show the presence of marijuana in the system long after somone is no longer under under its influence, you may not bar someone with a medical marijuana card from working for you or terminate them for testing positive for marijuana. But since you don't have to allow someone to work while impaired or to use marijuana (which is still a controlled dangerous substance under federal law) at work, if there is evidence of at work use or impairment, you could take action, and your policy may bar at work use or being impaired at work.
If someone does not have a medical marijuana card, you may terminate them (or refuse to hire) for a positive drug test result.

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