Now That Pot Is Legal In California, Can I Still Be Drug Tested For A Job?

WEST HOLLYWOOD (CBSLA) — We know recreational marijuana is legal now in California. But some workers want to know what's the deal with weed and workplaces. CBS2's Jo Kwon spoke with a labor attorney for some answers.

Some workers like Mithchell Rocha say if it's the weekend, why not?

Rocha works at a restaurant.

"We can do it now," he said. "What are employers going to do? Are they going to drug test everybody?"

Labor law attorney  Todd Scherwin says most workplaces can't.

"There's only very few industries where someone can randomly drug test."

Such as a truck driver who crosses state lines, or a police officer. But there are situations where random drug testing is allowed.

"You should be worried if you do something that would allow the employer to test you," Scherwin says

Stuff that gives your boss reasonable suspicion you've been smoking weed. "Slurring their words, falling down, smells like they just smoked it."

A smell that you can't avoid at a popular spot to buy recreational weed.

Many of the people in line at MedMen in West Hollywood say they do wonder if they use this on the weekend or after work, what the implications are on the job.

"I'm a med tech, EMT," Justin Jones said. "I am saving lives, but I don't do it while high at all."

He says pot helps with his insomnia and night terrors.

"I definitely want to make sure that this is within my rights that I can still function as an EMT and do this recreationally."

Scherwin warns there may be some exceptions for medicinal use, but otherwise beware.

"Be careful and don't think that you have any extra protection just because it's now legal."

He says if you are drug tested and it comes back positive for THC: "The fact that you smoked it the day before is not going to save someone's job. The employer is going to be within their right to terminate."

Jones says he can't sleep without weed.

"I definitely know and that's a risk I'm willing to take. So far so good."