On November 8, 2016, California voters approved Proposition 64, the “Control, Regulate and Tax Adult Use of Marijuana Act.” Prop. 64, among many things:

• Legalizes the recreational use of marijuana for adults over the age of 21.
• Allows adults to possess up to one ounce of marijuana.
• Allows adults to grow up to six marijuana plants for recreational use (so long as they are locked up and not visible from a public place).

So, all this means you can’t be fired (or a potential employer can’t refuse to hire you) for failing a drug test because you were legally smoking marijuana, right? 

Nope. Prop. 64 specifically states that it 

• does not require employers “to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace,” and 

• does not limit an employer’s ability “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 is lawyer speak for “your employer can still fire you (or refuse to hire you)” if you fail a drug test for smoking marijuana. So while, as of November 9, you can legally smoke marijuana, if your employer (or potential employer) has a policy against it, just know that you can still get fired for doing so.

Showing up hungover is still OK though. Just get your work done. 

For more information contact:

Gary E. Scalabrini, Esq. 
Gibbs Giden Locher Turner Senet & Wittbrodt LLP 
1880 Century Park East 12th Floor
Los Angeles, CA 90067
email: gscalabrini@gibbsgiden.com

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