California’s passage of the “Control, Regulate, and Tax Adult Use of Marijuana Act,” commonly referred to as Proposition 64, legalized the scale, possession, and use of recreational marijuana under limited circumstances. The drug still remains an illegal Schedule I substance under the federal Controlled Substances Act and therefore is still subject to prosecution under federal law. Proposition 64 does not affect an employer’s ability to enact and enforce workplace restrictions related to drug possession, use, impairment and testing. Employers also maintain the right to enforce workplace restrictions on medical marijuana.

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