Will Prop. 64 Affect Drug Tests For A Job?
California voters approved Prop 64 on November 8. This measure legalized marijuana for recreational use. Now, many employers and workers in California are asking, “Can employers drug test for marijuana now that it is legal?” Thousands of employers perform drug screening tests before hiring. Some even perform tests after hiring. Before employers change their policies and before workers go lighting up, here is how marijuana legalization in California affects the right of employers to perform pre-employment and post-hire drug screening.
California voters approved Prop 215 in 1996, which legalized medical marijuana. Since then, employers have continued to perform drug screenings for marijuana. Many employers have rejected candidates for employment. They have even terminated employees after they tested positive, even when the candidate or employee legally used medical marijuana. These actions have triggered numerous lawsuits.
California’s Supreme Court has repeatedly confirmed that employers legally have the right to conduct pre-employment and post-employment drug tests. Employers can make personnel decisions based on the test results.
Employers should note that Proposition 64 includes a clause confirming that they are not required to change current drug testing policies:
“Nothing in section 11362.1 shall be construed or interpreted to amend, repeal, affect, restrict or preempt … the rights and obligations of public and private employers to maintain a drug and alcohol-free workplace … or affect the ability of employers to have policies prohibiting the use of marijuana by employees and prospective employees.”
This means that employers can still legally drug test for marijuana even though its use is legal. Some employers may now reconsider their view because marijuana is legal for recreational use. However, many employers still have good reasons to continue drug testing. In workplaces involving heavy machinery or situations where impairment could threaten safety, employers must continue drug testing.
From our offices in Modesto, California, our employment law attorneys represent employers throughout the San Francisco Bay Area and Northern California. Contact Van Egmond & Heitlinger, APC if you are an employer and have questions about your current drug screening policies.