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While laws provide some protection for employees, there are also exceptions when an employer is justified in testing: When the employee has a job that could threaten public safety When a medical examination is required for fitness of duty When there is reason to believe that the employee is under the influence of drugs at work Protections for Recreational Users In September 2022, California became the seventh state to enact a law limiting the ability of employers to take adverse action against workers for off-duty marijuana use