The passage of California’s Proposition 64 in 2016 legalized recreational marijuana use for people aged 21 and older. But there has been some confusion as to what exactly the legalization of recreational cannabis entails, especially when it comes to the workplace.
There are questions on both sides: Are employers still allowed to drug test? Can an employee be fired for testing positive? What if it’s used for medicinal purposes? If half a joint is found in the parking lot, will it set off a The Office-style manhunt to find the perp? All valid questions. Let’s get to the answers.
The simple answer is that the passage of Prop. 64 changes nothing when it comes to the workplace. Employers do not have to accommodate marijuana use by employees. Employers still have the right to drug test and terminate employees based on their company drug policy.
In fact, there is a clause within the law that specifically protects employers: Prop. 64 states that it does not affect “the rights and obligations of public and private employers to maintain a drug- and alcohol-free workplace or require an employer to permit or accommodate the use, consumption, [or] possession…of marijuana in the workplace, or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees, or prevent employers from complying with state or federal law.” [Read More @ Reflective]
Your email address will not be published. Required fields are marked *
Name *
Email *
Website
Save my name, email, and website in this browser for the next time I comment.
Comment *
Notify me of follow-up comments by email.
Notify me of new posts by email.
Δ
By Hilary Bricken, Attorney at Husch Blackwell Dealing with creditors is never a fun experience. However, some creditors are more severe than others, especially in the cannabis industry. One of…
The long wait on whether Floridians will get a chance to vote to legalize recreational cannabis for adults 21 and older is almost over, as the Florida Supreme Court is…
Missouri’s health department on Wednesday stripped two coveted marijuana micro-licenses tied to an out-of-state company that had been accused of predatory practices and had listed the licenses for resale. The…
Big Island Grown (BIG) is a vertically integrated cannabis company based in Kailua-Kona, Hawaii County, on the Big Island of Hawaii, whose reach now extends to several islands in the…