Marijuana in the Workplace

With the passage of Proposition 64, the “Adult Use of Marijuana Act,” employers may have some concern about whether the new law affects their right to enforce drug-free workplace policies.  While employers should always make employment decisions with great care, the Act clearly preserves the rights of private employers to maintain drug free workplaces.  The actual language for that preservation of employer rights is currently found at California’s Health and Safety Code section 11362.45(f).  Nothing about California’s new recreational use law requires an employer to permit the use of marijuana in the workplace.  The best practice, of course, is to ensure that drug free workplace policies are in writing, up to date, and have been distributed to all employees.    
 
If you have any questions about whether California’s new recreational use laws impact an employment decision, seek legal advice from an experienced employment law attorney.

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