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Allen M., Esq.
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Can a California teacher be asked for a drug test

Customer Question

Can a California teacher be asked for a drug test
Submitted: 6 years ago.
Category: Legal
Expert:  Allen M., Esq. replied 6 years ago.
California teachers can be drug tested before hire without any difficulty at all.

After hire, they can only be tested based on reasonable suspicion. That becomes difficult once the union becomes involved and civil liberties questions are raised, but if the school district is willing to back their position that reasonable suspicion was present, they can ask for the test.
Allen M., Esq. and other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for answering my question. But what happens if this teacher has a medical marijuana card? He actually smokes while driving and really does not need a medical marijuana card it is just for his own personal habit so he can legally grow. He also sells, which I know is not legal.

We have gone through a divorce and I have full physical custody, but now that he is getting a settlement from a car accident, he wants joing physical custody but I don't feel comfortable with that because of his lifestyle.
Expert:  Allen M., Esq. replied 6 years ago.
Medical marijuana cards allow you to use legally, but they are not an imposition on the employer.

The employer is not required to accept that you use legally at all. This has been found by both the California Supreme Court and the 9th Circuit Court of Appeals (Federal level).

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