With the passing of Proposition 64, Marijuana Legalization, EIA Members may find themselves wondering how it will affect the workplace.

Employers with an effective Drug-Free Workplace Policy are still able to enforce this policy in the workplace. The text of the proposition amends the California Health and Safety Code and states, “Nothing in section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict, or preempt: ... (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."

Employers can still prohibit possession, use of or impairment by marijuana in their policies. Employers can still discipline and/or terminate employees for marijuana related violations of their drug and alcohol policies.

The Drug-Free Workplace Act of 1988 requires some Federal contractors and all Federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency. Marijuana remains a federal Schedule 1 substance, if your agency receives federal dollars, you must still remain a zero tolerance drug-free workplace. The federal law supersedes state law.

Similarly, the U.S. Department of Transportation (DOT) requires employers with employees in safety-sensitive functions have a DOT drug and alcohol testing program for those employees. Proposition 64 does not affect this requirement. Employers should still test as required by the DOT’s drug testing program.

Clear and comprehensive drug testing policies help to preserve a safe and productive workplace while minimizing risk when uniformly applied. Please take this opportunity to review and educate your employees about your drug and alcohol testing policy.

For additional information on this topic, please join us for a webinar on EIA TV on December 8th.