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Proposition 19 has caused a lengthy debate about the possible effects of marijuana legalization on the workplace. California Chamber of Commerce fears that if Proposition 19 is passed, employers will have to accommodate pot smoking on the job and sacrifice workplace safety. Specifically, the Chamber of Commerce contends that Proposition 19 would lead to more workplace accidents and increase the costs of liability insurance.

In Garry Ross v. Ragging Wire Telecommunications, the California Supreme Court declared that employers are not required to accommodate illegal drug use. 42 Cal. 4th 920, at 926-927 (2008). Using doctor prescribed medical marijuana for back spasms, Ross submitted to a pre-employment drug test required by his new employer. Id. at 924. Ross tested positive and was fired because of the test results. Id. This case illustrates the reality that employers can require both current and prospective employees to submit to drug tests and to make employment decisions based on the results of those tests.

Despite this precedent, the Chamber of Commerce expresses concern about the language of Proposition 19 and what it means for workplace injuries. Proposition 19 states that a person shall not be denied any privilege under this act but does not infringe upon “the existing right of an employer to address consumption that actually impairs job performance...” The use of the words “actually impairs” may imply that employers have to wait until workplace safety is actually jeopardized or until an accident occurs in order to discipline marijuana users.

Proposition 19 introduces new liability concerns, both in the workplace or at home. Operating heavy machinery while under the influence of any drug can impair your performance, whether you are driving to the grocery store or driving a forklift. It is imperative to your safety and the safety of those around you to refrain from driving under the influence of any substance that may compromise your safety.

If you or a loved one has sustained personal injuries caused by the negligence of another, contact Orange County personal injury attorney Jeff Roberts at The Roberts Law Firm. Located in Newport Beach, the personal injury attorneys at The Roberts Law Firm are experienced and dedicated to helping victims recover compensation for their injuries.