Last fall, California voters approved Proposition 64, legalizing the recreational use of marijuana for persons 21 and older. In the wake of Proposition 64’s passage, many employers have been puzzled about the impact of the new law upon their human resources practices. The good news is that Proposition 64 should not have a substantial effect on employers.
Our firm recently sent out a client alert that goes into greater detail about what the new law does and doesn’t do. The good news is that because Proposition 64 does not really affect employment law, it does not require extensive action by employers. Nevertheless, prudent employers will review their general policies and practices regarding drugs in the workplace and assure that employees understand them. Employers that have not adopted policies regarding the use of drugs and alcohol in the workplace should do so, and those that have not reviewed their policies in recent years should determine whether revisions are appropriate. Once policies are adopted or updated, employers should clarify and communicate their policies to their employees.
Employers should also remain alert to potential changes in federal law or enforcement policy under the Trump administration, which could have greater effects upon employment law than Proposition 64. Stay tuned.