Marijuana use for California employees is still off limits. While Proposition 64 legalized marijuana use in California, it allows employers to retain policies that prohibit the use of cannabis by current and prospective employees. The proposition tracks existing law that allows for this prohibition because marijuana is illegal under federal law. Some employers in states with legal marijuana have voluntarily relaxed their drug and alcohol policies to permit the recreational use of marijuana by employees. This trend may soon reach California, but it is important that employers clearly state their drug and alcohol policy (including with marijuana) in employee handbooks and other company materials. My firm can assist you in formulating or revising employee policies that conform with this changing area of employment law.