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.
How Prop. 64 Affects the Workplace
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]