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
- Using cannabis off the job and away from the workplace.
- A drug test that finds only non-psychoactive cannabis metabolites.
- Your past use: an employer may not ask a job applicant about it.
The exceptions
- Jobs in the building and construction trades.
- Positions that require a federal background investigation or security clearance.
- Testing that state or federal law requires, such as for federally regulated transportation jobs.
- Employers with fewer than five employees.
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
- California Civil Rights Department — Discrimination in employment: use of cannabis — frequently asked questions
- United States Code — 10 U.S.C. 912a — UCMJ Article 112a, wrongful use or possession of controlled substances
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Updated 2026-10-27. Latest source check 2026-10-27.