Prop 64, Adult Use of Marijuana Act, Does it Affect California Employers?

By Jennifer Cooper

Proposition 64, also known as the Adult Use of Marijuana Act, legalized the recreational use of marijuana for adults 21 years old and over. What does that mean to you as an Employer that would like to maintain a drug free work environment?

When it comes to the workplace, California employers can rest easy, because Proposition 64 maintains the status quo for employers seeking to maintain a drug- and alcohol-free workplace. Employer policies related to drug possession, use and impairment as well as testing are not affected with the legalization of marijuana use under Proposition 64.

Proposition 64 clearly states that it is intended to “allow public and private employers to enact and enforce workplace policies pertaining to marijuana.” The initiative states that Proposition 64 will not restrict the right of any private or public employers to maintain a drug and alcohol fee workplace. See below:

“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 (f)).”
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So, take a deep breath, even with the passage of Proposition 64, you may continue to prohibit use, possession and impairment at work and may continue to test for use when appropriate. Proposition 64 is not intended to interfere with these workplace policies or practices.

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