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Proposition 64 – Marijuana in the Workplace: What Can We Anticipate?
County Personnel Administrators Association of California (CPAAC) Fall Conference | September 30, 2016
Presented By: Gage Dungy

Legal Issues that Can Impact
Marijuana Use in the Workplace

• Employers Must Consider:

– Federal and State Law
– Federal and California Drug-Free Workplace Acts
– Federal Department of Transportation

Regulations (DOT)
– Americans with Disabilities Act (ADA) and the

Rehabilitation Act
– Fair Employment and Housing Act (FEHA)
– Privacy Rights (Cal. Constitution & U.S.

Constitution)

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Legal Context 5

• Federal Law:

– Controlled Substances Act (CSA)
Designates Marijuana as a
Schedule I Substance.

– U.S. Supreme Court has Upheld
Federal Regulation of Marijuana.

• California Law:

– Marijuana Use/Possession
Prohibited under Health and Safety
Code with Some Exceptions.

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The Law Requires Employers to
Provide a Drug-Free Workplace

• Public Employers Should Be Familiar
With:

– The Federal Drug-Free Workplace Act
– The California Drug-Free Workplace Act
– Department of Transportation (DOT)

Regulations

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