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In November 2016, California voters approved The Adult Use of Marijuana Act, also known as Proposition 64 (California Health and Safety Code [HSC] sections 11357-11362.9) which allows adults 21 years of age or older to possess and use marijuana for recreational purposes.
Fortunately, Proposition 64 does not alter the rights of California employers to maintain a drug and alcohol free workplace, nor does it require an employer to permit or accommodate the use of marijuana in the workplace. [HSC section 11362.45(f)]
Additionally, both medicinal and recreational marijuana remain a Schedule 1 controlled substance under federal law. Thus, employers may refuse to hire applicants and may terminate existing employees who test positive for marijuana.
Employers should have a drug-free workplace policy that specifically bans the use, purchase/sale, control, distribution, possession of, impairment by, or being under or arriving to work under the influence of recreational and medicinal marijuana, clearly states the circumstances in which the company will require drug testing (including testing for marijuana), and includes disciplinary actions that will be taken for violations of the policy.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
Cindy Bamforth
April 7, 2017
If you are an employer facing possible litigation, or have an employee issue on which you need immediate guidance, call us to set up a consultation, or submit your message.
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