California Employers Should Consider the Implications of Proposition 64
Friday, January 13, 2017
California employers should consider the implications of Proposition 64 (Personal Marijuana use) for their safety and employment programs. While the passage of Prop 64 allows personal use of marijuana in private residences with limitations on other locations, employers are still allowed to have a drug and alcohol free workplace, and place prohibitions on employees regarding their use of marijuana. CALPASC members should consult with their labor attorney as to what changes, if any, need to be made now, to make sure they can enforce the employer's requirements on employees. Excerpted text of Prop 64 is as follows:
SEC. 4.8. Section 11362.45 is added to the Health and Safety Code, to read:
11362.45. Nothing in Section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict, or preempt:
(a) Laws making it unlawful to drive or operate a vehicle, boat, vessel, or aircraft, while smoking, ingesting, or impaired by, marijuana or marijuana products, including, but not limited to, subdivision (e) of Section 23152 of the Vehicle Code, or the penalties prescribed for violating those laws.
(f) 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.
(g) The ability of a state or local government agency to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 within a building owned, leased, or occupied by the state or local government agency.
(h) The ability of an individual or private entity to prohibit or restrict any of the actions or conduct otherwise permitted under Section 11362.1 on the individual's or entity's privately owned property.