California Legalizes Marijuana Use, But Employers Can Still Keep Workplaces Drug Free

Cal Chamber, 10 November 2016

On Tuesday, California joined several other states in legalizing recreational use of marijuana by adults.  Proposition 64, also known as the Adult Use of Marijuana Act, legalized the recreational use of marijuana for adults 21 years old and over.  The provisions related to the legalization of marijuana and workplace protections took effect November 9 — the day after the election.

Legalizing marijuana for recreational use is a significant change to current law. However, despite the passage of Proposition 64, several things will not change.  For example, smoking or ingesting marijuana in public will remain unlawful, as well as smoking or ingesting marijuana in places where smoking tobacco is already prohibited.  Similarly, driving under the influence of marijuana will remain illegal.

But what about smoking weed at work?  When it comes to the workplace, California employers can take a deep breath of fresh air, because Proposition 64 maintains the status quo for employers seeking to maintain a drug- and alcohol-free workplace.  In other words, employer policies related to drug possession, use and impairment as well as testing are not compromised with the legalization of marijuana use under Proposition 64.