Can I still deny employment if an applicant used cannabis three weeks ago and it is showing up on a drug test now?

Cannabis/marijuana compounds and metabolites can stay in someone’s system longer than other drugs, so it is possible that a person can test positive for the drug even though the person hasn’t used it for days or weeks.

Effective January 1, 2024, California’s Fair Employment and Housing Act prohibits employers from discriminating against an employee or job applicant based on the person’s use of cannabis off the job and away from the workplace, which changed pre-employment testing practices.

Employers are still able to conduct preemployment drug testing, and an employer can still refuse to hire someone based on test results, but only if the test is a valid preemployment drug screening that doesn’t screen for non-psychoactive cannabis metabolites, which can remain in someone’s system longer than the psychoactive cannabis compound tetrahydrocannabinol (THC).

The law doesn't permit an employee to possess, be impaired by or use cannabis on the job, and it maintains employers’ rights and obligations in keeping a drug and alcohol-free workplace.

Employers with drug testing policies and practices should consult with their legal counsel and work with their testing providers to ensure they are compliant.

Since recreational cannabis use is permitted under state law, it is a good idea to inform applicants in advance of a pre-employment drug test whether cannabis will be tested and whether employment will be denied if the test comes back positive.

Read more about the Adult Use of Marijuana Act in the HR Library.