California Proposition 64

Update: October 28, 2016

The November 2016 election has an unprecedented number of marijuana initiatives on ballots across the United States. In Arkansas, Florida, Montana and North Dakota, voters decide on medical marijuana. In Arizona, California, Maine, Massachusetts and Nevada, voters decide on recreational use. Polls of voters seem to indicate they might all pass.

Original Story: August 30, 2016

This election, November 2016, has big headlines with Mr. Trump running. But in the background, California Proposition 64 could be a game-changer. Read Ballotpedia’s breakdown of the proposition here.

California Proposition 64 is the recreational marijuana measure. California voters passed the medical marijuana legislation in 1996 that established the “215” card, a prescription for marijuana. Some employers were ok with it, while most continued to see marijuana use as a problem. In fact, Federal law ( Controlled Substances Act)  still considers marijuana a Class I drug. While public opinion of marijuana is changing, the government hasn’t kept up.

So what a mess. Alaska, Colorado, Oregon, Washington and the District of Columbia (yes, Washington, DC) have recreational marijuana laws in place. But they are all a little different, as to how much etc. What they all have in common is law enforcement is trying to catch up with the legislation. How do you tell if someone is driving under the influence of marijuana?

California Proposition 64

Colorado is using blood testing to determine impairment. While not perfect it is one way. Kern county in California is in a pilot program to find DUI’s by using saliva swabs. But what should an employer do?

If your employees are regulated by Federal Law, such as truck drivers or train engineers, nothing changes. If your business is not regulated, how do you decide what your drug testing program will look like. Since the courts are upholding the right of the employer to have a drug free workplace, then its up to you. But employers need to have a policy in place the spells out what the testing will be, in what form and for what drugs. Also needed in the company policy is the penalty for failing a drug test. Does the employee get fired right then, do they get a second chance or do they have an opportunity to get counseling? And who pays for that?

Does your drug and alcohol policy for employees need a tune-up? Or do you need a starting point? We can do that. Give us a call at 530-241-2099.