Can You Get Fired for Smoking Off the Clock in 2025? Here's What to Know

by Green Blazer Media on Jul 21, 2025

So you’re living in a state where flower is legal, but what about your job? Can your boss still fire you if you test positive, even if you never show up high?

Short answer: it depends.
Longer answer: we break it down below.

What the Law Says (and Doesn’t)

Legalizing personal use doesn’t always mean your employer has to accept it. In fact, a lot of jobs still operate under zero-tolerance policies — especially if they follow federal guidelines or operate in non-legal states.

States That Protect Off-Duty Use

The following states have passed laws that protect you from being disciplined at work simply for using green legally in your own time:

  • California — Starting in 2024, it’s illegal to fire someone for off-duty flower use (unless they’re impaired on the job).
  • New York — Employers can’t test or penalize most workers for after-hours use.
  • Connecticut — Expanded employee protections to include lawful off-the-clock use.
  • Nevada — Offers protections except in safety-sensitive positions.
  • New Jersey — Employers can’t rely on a positive test alone to discipline employees.

However, take note that these protections usually don’t apply to roles that fall under federal contracts, security clearances, or safety-sensitive duties.

States Without Protection

Some states haven’t caught up yet. In places like Texas, Georgia, and Florida, employers can:

  • Conduct pre-employment or random drug testing
  • Fire or refuse to hire based on a positive result
  • Penalize even registered medical users

If you’re in one of these states, green-friendly laws don’t equal workplace protection.

What About Federal Jobs?

If you work for the federal government, flower is still a no across the board—even during your off-hours. Agencies like the TSA, USPS, and military operate under zero-tolerance rules. Some even disqualify applicants who’ve used in the past three years.

What You Can Do

  • Check your state’s laws. Normal.org or your state labor board is a good start.
  • Review your HR handbook. Internal policies can sometimes be stricter than state law.
  • If in doubt, seek legal advice before that pre-employment test

 Your time off should be yours, but until policy fully catches up, it pays to know the rules. As always, blaze smart.

Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney or HR representative regarding your specific situation.

 

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