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If a pre-employment drug test comes back positive, you can withdraw the applicant’s job offer, provided the drug test complies with California law. Effective January 1, 2024, California prohibits discrimination on the basis of an applicant’s or employee’s off-site and off-duty use of cannabis. Employees may still conduct pre-employment drug testing for cannabis, but the test must be a valid screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.
Employers that conduct pre-employment drug testing should work with their legal counsel and testing providers to ensure they’re in compliance with California law .
Read more about When Drug Testing May Be Permitted in the HR Library.