Can employers located in California still drug test me even though Prop. 64 passed? Can employers refuse to hire me or fire me for using marijuana?
Yes. Even though Prop. 64 passed, California employers can still conduct drug tests during the application process, and even once someone has been hired. Employers can also refuse to hire you and can fire you for using marijuana. There are two reasons why employers are allowed to test, refuse to hire, and/or fire you for marijuana use. First, employers are allowed to create rules to maintain a drug-free workplace by making sure that employees don't come to work under the influence of marijuana or use marijuana at work.[3148] Second, marijuana possession and use is still illegal under federal law, and employers are allowed to create rules to ensure that their employees don’t violate state or federals laws at the workplace or on employer property.[3149] Learn more about your employment rights with a criminal record in the EMPLOYMENT CHAPTER, beginning on PG. 557.
Am I eligible for a Certificate of rehabilitation if I am still on parole, probation, or PRCS?
NOT YET. BEFORE you can apply for a COR, you must have completed any term of probation, parole, or PRCS that was part of your sentence or a condition of your release.You will also have to complete a waiting period (which begins when you are released from custody) BEFORE you can apply for a COR. However, any time that you spend on parole, probation, or PRCS will count toward this period. For more information on when you can get a COR, see PG. 982.
FOR MORE INFORMATION ON PROP 64:The California Courts’ website has added new information to its website, including:
- General information about Prop. 64 and sample Prop. 64 forms and petitionsA detailed article entitled “PROPOSITION 64: ‘Adult Use of Marijuana Act’ Resentencing Procedures and Other Selected Provisions” by Judge J. Richard Couzens and Judge Tricia A. Bigelow: http://www.courts.ca.gov/prop64.htm
The Drug Policy Alliance has free information on Prop. 64, including A 6-step chart for people trying to change their record under Prop. 64. See: http://www.drugpolicy.org/my-prop-64 If you think you are eligible for resentencing under Prop. 64, contact the Public Defender’s Office or the attorney who represented you during your original case. A clickable map to easily locate contact information for your local county Public Defender’s office and county courthouses is available here: http://www/safeandjust.org/county-map/