“There is some misinterpretation that employers can’t fire employees now that [cannabis is] legal, but employers can still enforce their policies as there is nothing in the law that says they have to accommodate that,” said Robin Largent, partner at Carothers Disante & Freudenberger LLP in Sacramento.
However, employers who do not have a well-documented cannabis policy could expose themselves to allegations of discrimination.   “I advise clients to modify their policy if necessary to make clear it’s illegal, giving employees clear expectations,” Daniel said.