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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

Proposed Health & Safety Code
Section 11362.45(f)

Nothing in section 11362.1 shall be construed or interpreted to
amend, repeal, affect, restrict, or preempt:

(f) The rights and obligations of public and private employers
to maintain a drug and alcohol free workplace or require an
employer to permit or accommodate the use, consumption,
possession, transfer, display, transportation, sale, or growth of
marijuana in the workplace, or 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.

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Legal Context

• Coats v. Dish Network (2015) 350 P.3d 849.

– Mr. Coats Sued for Wrongful Termination After
He Tested Positive for Marijuana. Mr. Coats is a
Quadriplegic Who Used Medical Marijuana
Outside of Working Hours. Mr. Coats Was a
Registered Medical Marijuana User, Accessing
the Product in a Manner Consistent With State
Constitutional Guarantees and State Statute.

– Colorado Supreme Court Held That Dish
Network Could Legally Terminate Mr. Coats for
Use of Legalized Marijuana.

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Key Points to Remember 10

• Employers Can Continue to Enforce Drug
Use Workplace Policies and Testing.

– Medical Marijuana Does Not Need to Be
Accommodated in the Workplace.

– If Approved, Recreational Marijuana Use Does
Not Need to Be Accommodated in the
Workplace.

• Do Not Do Drug Testing Without a Policy in
Place and Know Legal Limitations.

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