Will Prop 64 change Smoke breaks to Toke breaks?

To help creativity in meetings, a few Colorado businesses allow their employees to smoke marijuana during brainstorming sessions.

Currently Colorado, Alaska, DC, Oregon and Washington are in the legalized Cannabis club.

If Proposition 64 passes in November, California will join that club.

So does this mean we’ll be seeing more workplace “creative” brainstorm sessions in California offices?


The purpose of Proposition 64 is to decriminalize the use, growing, and selling of marijuana.

Much like alcohol, it will still be regulated:

  • No one under 21 can consume it
  • Industry labeling standards will be implemented
  • State agencies will authorize licenses
  • There will be retail sales taxes and cultivation taxes

And much like alcohol, workplaces will have their own policies on the use of cannabis.

Employers will still have the following rights:

  • Maintain a drug and alcohol-free workplace
  • Prohibit the use, consumption, possession, transfer, display, transportation, sale, or growth of marijuana in the workplace
  • Maintain policies prohibiting the use of marijuana by employees and prospective employees

Because Marijuana is federally recognized as an illegal substance, employers will continue to have the right to deny qualified applicants based on their drug test results.

As with any regulation change, it is always a good idea to review current work policies.

If needed, revamp verbiage to ensure it is clear what your drug policy entails and what is expected out of your employees. This way you can avoid any confusion if Proposition 64 does pass.