California Legalizes Marijuana: What Does This Mean for the Employer?

Legalizing Marijuana

California Legalizes Marijuana: What Does This Mean for the Employer?

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UPDATED: 4/5/2023

On November 8, 2016, the people of California voted to legalize marijuana, making it the largest state to do so. The Adult Use of Marijuana Act is more commonly known as Prop 64. This has presented a new challenge for employers who are looking to maintain a drug-free workplace. Despite the legalization of marijuana in California, employers can still maintain a drug-free workplace and use drug testing as a tool to ensure a safe work environment. In this blog post, we will discuss the importance of drug testing in the workplace, how legalized marijuana impacts drug testing, and the options available for employers to select drug test kits that do not include marijuana.

Workplace Drug Testing

Employers have a responsibility to ensure a safe work environment for their employees and customers. A drug-free workplace program can help reduce accidents, increase productivity, and improve employee morale. Drug testing is an important tool in this program, as it allows employers to identify and address potential substance abuse issues before they become a problem. By identifying and addressing substance abuse issues, employers can prevent accidents and protect the safety of their employees and customers.

Legalized Marijuana

However, with the legalization of marijuana in California, employers are faced with a new challenge. Marijuana can remain detectable in a person’s system for several days or even weeks after use, making it difficult for employers to determine if an employee is under the influence while on the job. This has led many employers to wonder if drug testing for marijuana is still necessary.

While marijuana is now legal for recreational use in California, it is still illegal under federal law. Employers can still enforce drug-free workplace policies and drug testing programs that include testing for marijuana. However, it is important to note that employers may need to adjust their drug testing policies and procedures to ensure compliance with state and federal laws.

THC-Blind Drug Testing

One option for employers is to select drug test kits that do not include marijuana. These drug test kits can test for other commonly abused substances, such as cocaine, opioids, and amphetamines. By selecting drug test kits that do not include marijuana, employers can still maintain a drug-free workplace program while avoiding potential legal issues related to marijuana testing. These are called THC Blind tests, and they are available for sale here.

In addition, employers can also consider implementing other strategies to address the use of marijuana in the workplace. This can include training managers and supervisors to identify signs of impairment, implementing a policy that prohibits the use of marijuana during work hours or on company property, and providing resources for employees who may be struggling with substance abuse issues.


In conclusion, while legalized marijuana in California presents a new challenge for employers, drug testing remains an important tool in maintaining a drug-free workplace program. Employers can select drug test kits that do not include marijuana and implement other strategies to address the use of marijuana in the workplace. By maintaining a drug-free workplace program, employers can ensure a safe work environment for their employees and customers.

It is advisable to create your program with the assistance of an employee law specialist with knowledge of workplace drug testing protocols. DrugTestKitUSA offers a variety of drug test kits that are CLIA-waived and meet the highest industry standards. Contact us today to learn more about our products and services.

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