LEGALIZED MARIJUANA IMPACT ON CALIFORNIA

Size: px

Start display at page:

Download "LEGALIZED MARIJUANA IMPACT ON CALIFORNIA"

Bryan Walton
5 years ago
Views:

1 LEGALIZED MARIJUANA IMPACT ON CALIFORNIA EMPLOYERS & DRUG TESTING POLICIES Presenter: Adrian Hoppes, Esq.

2 Overview What Prop 64 Does Impact on California Employers Reasonable Suspicion 5 Step Process What Employers Should Do Now Key Elements of Drug & Alcohol Program/Policies

3 What Prop 64 Does Some of the main provisions: Legalizes the private use and possession of up to one ounce of marijuana, and up to 8 grams of concentrated marijuana, for individuals over the age of 21. Allows individuals over the age of 21 to cultivate up to six marijuana plants.

What Prop 64 Does Continued: Allows smoking marijuana in a private home or at a business specifically licensed for on-site marijuana consumption.

4 What Prop 64 Does Continued: Allows smoking marijuana in a private home or at a business specifically licensed for on-site marijuana consumption. Establishes the state Bureau of Marijuana Control, responsible for regulating and licensing nonmedical marijuana businesses. Allows individuals over the age of 21 to cultivate up to six marijuana plants. Imposes new state taxes on growing and selling both medical and nonmedical marijuana.

5 Prop 64 Impact on California Employers Copyright Reserved 2017

6 Prop 64 Impact on CA Employers Does Not: Impact the rights and obligations of public and private employers to maintain a drug- and alcohol-free workplace Require an employer to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale or growth of marijuana in the workplace Affect the ability of the employer to have policies prohibiting the use of marijuana by employees and prospective employees

7 Prop 64 Impact on CA Employers Does Not: Prevent employers from complying with state or federal law Most Importantly: It did not create any new employee rights or prohibit discrimination against employees who use marijuana

8 Prop 64 Maintains the status quo in the employment area, even though it makes dramatic changes in drug laws. Copyright Reserved 2017

Prohibit employees from being under the influence Employers may continue to discipline

9 What Employers Can Still Do Prohibit the use of marijuana by applicants or employees Employers can continue to prohibit possession or use on their premises or while an employee is on duty Prohibit employees from being under the influence Employers may continue to discipline employees found to be in possession or under the influence of marijuana while on work premises or on duty

10 Drug Testing Under Prop 64 The California Supreme Court has held that public and private employers may drug test an applicant without suspicion However, the court also held that testing current employees generally requires reasonable suspicion Copyright Reserved 2017

11 Testing for Non-DOT Employers Post-Offer, Pre-Employment No Random Testing. Why? Right to privacy United States Constitution California Constitution Safety-sensitive positions are limited exception Reasonable Suspicion

12 Testing for Non-DOT Employers Post-Accident Common, but carries risk New OSHA regulations limit post-accident testing (anti-retaliation provisions)

13 Reasonable Suspicion Defined Specific, articulable facts that would lead a reasonable person to believe that the employee is under the influence of drugs or alcohol.

14 5 Step Process for Reasonable Suspicion 1. Preparation 2. Confirmation 3. Documentation 4. Confrontation 5. Test

15 Refusal = Insubordination Copyright Reserved 2017

front line supervisors/managers for recognition of drug and alcohol abuse

16 What Should Employers Do Now? Review your company s policy/program Communicate policies clearly Educate front line supervisors/managers for recognition of drug and alcohol abuse indicators Establish legally defensible Reasonable Suspicion Guidelines Enforce policies consistently to avoid liability.

18 Thank You! Adrian Hoppes, Esq.

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana. October 23, 2018

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana October 23, 2018 Let s Be Blunt... With the many new state laws being passed legalizing medical and recreational marijuana, employers