November 17, 2016

kathyThe California voters’ approval of Proposition 64 may signal a big change in the direction of the “war on drugs,” but what may come as a surprise to some is that it does not change much for employers.

Marijuana remains a Schedule I drug under the Controlled Substances Act passed by Congress in 1970, and therefore is still considered illegal for any use under federal law. A person in California may now smoke marijuana and grow a small amount in his or her home without risk of arrest by California authorities, but this does not mean that employees can come to work under the influence of the drug or smoke marijuana during a rest or meal break.

Employers can and should still have a policy against using or possessing any drugs or alcohol while at work, including marijuana. This is especially imperative for employers with federal contracts, because a failure to comply with federal law could result in the loss of those contracts. Read More.