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Your drug- and alcohol-free workplace policy should state the consequences for violating the policy. Follow your policy. Some employers may consider offering rehabilitation first; although you are not required to provide rehabilitation to a current user. If you have a zero-tolerance policy, you may terminate the employee. If your policy provides for other forms of discipline prior to termination, determine the appropriate disciplinary action for the situation.
Additionally, employers should be aware that, 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 drug testing for cannabis when otherwise permissible, but the test must be a valid screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites. Employers screening for cannabis should work with their legal counsel and testing providers to ensure they are in compliance with California law.
Read more about When Drug Testing May Be Permitted and Drug or Alcohol Rehabilitation in the HR Library.