Introduction

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, twenty-eight states have legalized medical use of the drug, and eight states permit its recreational use. California is one such state, and California auto dealers may be understandably confused about how this shifting stance will impact their businesses and current workplace drug testing programs. Some common questions that we have fielded from dealerships of late include:

  • Can you maintain a zero tolerance policy even though medical and recreational marijuana use are legal in California?
  • What if one of your employees who works in a safety-sensitive position (such as a service technician) comes to you with a medical marijuana card and says that you will need to make reasonable accommodations for them in keeping with the Americans with Disabilities Act (ADA)?
  • What if your drug testing policies make it difficult to hire and retain your workforce?

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