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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

Prohibiting Drug and Alcohol Use
in the Workplace

• Despite Privacy Rights and Possible Disability
Protections Under the ADA and FEHA, an
Employer May:

– Prohibit Illegal Use of Drugs and Alcohol in the
Workplace.

– Require Employees Not Be Under the Influence of
Illegal Drugs or Alcohol in the Workplace.

– Require Compliance with Drug-free Workplace Acts.
– Hold Drug User or Alcoholic to Same Qualification,

Performance and Behavioral Standards.

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Workplace Preventive Measures

• Workplace Drug & Alcohol
Policy

• Pre-Employment Drug
Screening of Safety-Sensitive
Employees

• Drug and Alcohol Testing of
Current Employees

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Labor Code section 432.8 8
Labor Code Section 432.8
Prohibits Employers From
Asking About Certain
Marijuana Convictions
More Than Two Years
Old.
* Except Peace Officers

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