California Employers Fear Passage of Prop 19

California Employers should fear legal cannabis as much as they fear TGI Fridays

As time marches forward to the November ballot box, the groups opposing California’s proposition 19 are starting to line up. On Thursday, the California Chamber of Commerce and a few other groups representing employers have come out against the controversial ballot initiative. They are charging that if Proposition 19 passes, and marijuana is legal for adults in the Golden state, employees would be legally allowed to light up on the job and operate dangerous equipment while stoned. The chamber released a five page analysis and the opening line is, “Imagine a workplace where employees show up to work high on marijuana and there is nothing you can do about it.” They are urging employers to come out strongly against proposition 19, saying that if it passes employers would have to permit employees to smoke marijuana at work.

The analysis says that California employers would lose millions in valuable federal contracts and grants because they would be unable to comply with the federal Drug free workplace act, a requirement for receiving federal grant money.  They also threaten that employers would be forced to endure millions of dollars of damage and have to pay for marijuana-related accidents through skyrocketing workers compensation insurance premiums. Also highlighted in the analysis is that employers could no longer discriminate against cannabis users when it comes to hiring practices. Allan Zaremberg, the chamber’s chief executive, criticized the measure, saying it would set a high bar for employers to act against workers using marijuana by requiring proof that they were actually impaired. He charges that Prop. 19 would create a new protected class of California citizens. The catch is the current law specifically prohibits smoking tobacco in the workplace, leaving employers vulnerable to any legal cannabis laws. Dan Rush, a union official working for the prop 19 campaign dismisses those claim, saying it is a lie that is designed to raise money from California employers and other hot-button organizations.

The Association of California School Administrators and the League of California Cities have also opposed the initiative for similar reasons. They feel it will add to employers’ burdens and make workplaces less safe. They also fear it could encourage worker lawsuits. The initiative would prevent employers from firing or disciplining workers who use marijuana unless it actually impairs job performance. Laura Preston, a legislative advocate for the school uses the over-the-top example of a school bus driver being allowed to drive while high until there is an incident.  A union lawyer with ties to the prop 19 campaign said employers are riled up because they could no longer simply fire employees who test positive for marijuana, but have to show that their work actually suffered because of their use. Prop 19 does bar the use of marijuana in public or in a public place, but opponents say the law is not clear whether work places are public places. A recent court decision concluded that grocery stores, for example were not. The proposition 19 initiative does mention the workplace;

“This Act is not intended to affect the application or enforcement of the following state laws relating to public health and safety or protection of children and others: Health and Safety Code sections 11357 [relating to possession on school grounds]; 11361 [relating to minors as amended herein]; 11379.6 [relating to chemical production]; 11532 [relating to loitering to commit a crime or acts not authorized by law]; Vehicle Code section 23152 [relating to driving while under the influence]; Penal Code section 272 [relating to contributing to the delinquency of a minor]; nor any law prohibiting use of controlled substances in the workplace or by specific persons whose jobs involve public safety.”

- specifically saying that the intention of the law isn’t to supersede any workplace rules prohibiting controlled substances. It seems to me that the definition of a controlled substance would still include cannabis if prop 19 passes. Regulation of a substance is still considered controlled. Employers do not have to fear legal cannabis any more than they have to fear TGI Fridays.

See the full five page analysis from the California Chamber here

Read the actual proposition 19 initiative here