By: Joy Huffman
“How can you fire someone for something that is now legal?” This is one of the most common questions California employers are asking in the days since Prop. 64 passed. Employers’ freedom to screen workers for cannabis is specifically written into Prop. 64, and it might be a key reason it’s now state law. Smoking or ingesting marijuana in public will remain illegal, as well as smoking or ingesting marijuana in places where smoking tobacco is already prohibited. It will also remain illegal to drive under the influence of marijuana. For employers, policies regarding drug possession, use and impairment as well as testing are not compromised with the legalization of marijuana use under Proposition 64. Prop 64 states it is intended to “allow public and private employers to enact and enforce workplace policies pertaining to marijuana.” The initiative also provides it will not be construed or interpreted to amend, repeal, affect, restrict or pre-empt: “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, possession, transfer, display, transportation, sale or growth 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 (Section 11362.45).” So as Employers, you can continue to prohibit use, possession and impairment at work and may continue to test for use when appropriate.
Contact SDHRC to ensure your Drug Policy is up to date and will protect you!
