San Diego Marijuana

San Diego County Est. 2008

San Diego cannabis law

Can you be fired for using weed in California?

Usually not for off-duty use. Since January 1, 2024, California employers with five or more employees may not penalize you for using cannabis off the job and away from work, or for a drug test that finds only non-psychoactive metabolites. Construction trades and federal-clearance jobs are exceptions, and impairment at work is never protected.

What the law protects

The exceptions

What an employer can still do

Require a drug test, and act on a scientifically valid one that shows psychoactive THC. Prohibit possessing, using or being impaired by cannabis at work. A worker who believes they were treated unlawfully can file a complaint with the California Civil Rights Department.

Service members are not covered

Federal military law prohibits cannabis for service members on and off duty, whatever California allows.

Common questions

Can I be fired for smoking weed on the weekend in California?

Usually not. Employers with five or more employees may not penalize off-duty cannabis use away from work, unless your job falls under an exception such as the construction trades or a federal security clearance.

Can an employer still drug test me for weed?

Yes, but a test that finds only non-psychoactive cannabis metabolites cannot be held against you. A scientifically valid test showing psychoactive THC can be.

Can a job application ask if I have used cannabis?

Generally no. Since 2024, covered employers in California may not ask applicants about past cannabis use; federal-background, security-clearance and legally required checks have exceptions.

Does the law protect being high at work?

No. Employers may still prohibit possessing, using or being impaired by cannabis at work.

Sources

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Updated 2026-10-27. Latest source check 2026-10-27.

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