California Marijuana Employer Guidelines“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.
California personal and medical use of marijuana.
Medical Use: Voters approved the Compassionate Use Act of 1996; effective upon passage. This act was approved by 56% of the voters using California’s referendum system. On January 21, 2010, the California Supreme Court found a portion of SB420 that limited the amount of marijuana a qualified patient could possess to be unconstitutional.
Employee Discipline: In 2008 the California Supreme Court ruled that the Compassionate Use Act does not apply to the employer-employee relationship and employers are not required to accommodate medical marijuana use by employees.
Personal Use: On November 8, 2016, Proposition 64, known as the Adult Use of Marijuana Act passed by a margin of 57.1%. (A margin greater than medical marijuana was in 1996). The law specifically provides that employers have the right to maintain a drug and alcohol-free workplace and does not require an employer to accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace. The law further states that it does not 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.
On September 30, 2022, the governor of California signed bill AB2188 which states it is illegal for employers to discriminate against employees for their cannabis use after hours. This, however, does not mean that the employer can not take disciplinary measures if an employee comes to work high or high during any working hours.
Magic Mushrooms Use: On June 11, 2019, the city of Oakland, CA decriminalized magic mushrooms the city administrator has a year to supply laws that will impact the community.
For more information regarding marijuana at work refer to Info Cubic’s Drug Screening compliance corner.