• Proposition 64 legalized the use of recreational marijuana, however, employers may continue to prohibit marijuana in the workplace.

The state requires you to:

• Write and publish a statement notifying all employees that it is unlawful to manufacture, distribute, dispense, possess or use a controlled substance and that these acts are prohibited in your workplace. The statement must specify the actions that will be taken against the employee for these violations of the policy.
• Establish a drug-free awareness program that informs all employees about:
• The dangers of drug abuse in the workplace
• Your policy of maintaining a drug-free workplace
• The availability of drug counseling, rehabilitation and EAPs
• The penalties that you can impose upon employees for drug abuse violations
• Give each employee engaged in the state contract a copy of your drug-free workforce statement, and require that, as a condition of employment on the state’s contract or grant, the employee agrees to abide by the statement’s terms.

The state also requires organizations that are awarded a state contract or grant to provide a drug-free workplace program. If they do not, the organization is subject to the suspension of payments or termination of the contract or grant.

The state can suspend or terminate the contract if you:

• Falsely state that you provide a drug-free workplace program
• Violate the certification by failing to carry out the requirements of its drug-free workplace program

1.Govt. Code sec. 8350