In Brief: CWCI Says That Legal Marijuana Can Still Be Banned By Employers

Even though voters approved Proposition 64 by a 12-point margin on Tuesday, a new report by the California Workers' Compensation Institute said workplace bans on the drug would still legal.

“California employers understandably want to know whether Proposition 64 will require them to accommodate an employee’s use or possession of marijuana. The short answer is that employers will not have any such duty under the new law,” the report said. “The California law does not prohibit employers from banning the use or possession of marijuana on the job or taking other adverse action against employees for marijuana use. Furthermore, federal laws, including the Americans with Disabilities Act and the Family Medical Leave Act, do not protect marijuana use. As such, employers can likely continue to prohibit the use or possession of marijuana, including both medical and recreational marijuana, as part of their drug policies.”

The report noted that workers' compensation medical claims connected to the use of marijuana in California must have a proximate cause for the claim to be denied, a higher burden of proof than other states.