What's the policy for employees working in the city of San Francisco? Also, for my job, if I want to be promoted to a supervisor, the company makes you do a drug test. Is that allowed? I thought in San Francisco employees can only drug test before you get hired. Are they allowed to test for marijuana, especially if you use it medically?
Marijuana use is still against the law. While legalized by the State of California, it is still just as illegal under federal law. As such, there is a very strange situation in existence in California: any person in California breaks the federal law by engaging in conduct that is now illegal under California law.
Because of this situation, you can still be tested for marijuana use, and you can still be terminated if the employer finds traces of it in your system. This is true whether you use it recreationally or medically. This is true in San Francisco or anywhere in the state.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
(1) Marijuana use is not legal. Both the possession and use of marijuana violate federal law. It doesn't matter that you live in California. It doesn't matter that you live in San Francisco. It doesn't matter that you use it medically.
(2) Even though California state law has decriminalized the possession and use of marijuana, California state law specifically permits an employer to fire you for marijuana use. The employer doesn't have to demonstrate that you were Under the Influence at the time you were tested. If you have any marijuana metabolites in your system, you can be fired.
(3) Even if marijuana use were legal -- which it isn't -- your employer can still fire you for being Under the Influence at work. (Compare alcohol. It's a lawful product, but your employer can still fire you if you show up to work drunk.)
(4) The fact that the employer can fire you if it catches you with marijuana metabolites in your system includes the lesser right to refuse to give you a promotion.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline