Drug use in California can cause headaches for employers. Balancing employee privacy interests against safety concerns forces employers to make tough choices with little guidance. Legal drug testing of existing employees is so limited that most drug use won’t be detected until after an accident. With increasing support for legal medical marijuana, many employers have struggled to determine how to respond to applicants and employees who test positive. Now, with recent case law and the FEHC’s final regulations, employers finally have the support they need.