Amendment 64 Implementation Task Force Recommends Status Quo for Employers

Last week, the Amendment 64 Implementation Task Force, charged by Gov. Hickenlooper in December with “finding practical and pragmatic solutions to the policy, legal and procedural issues” surrounding legal marijuana in Colorado, issued a 165-page report containing 58 policy recommendations. Of great interest to employers is recommendation 16.1, which states:

“The Task Force affirms that the plain language of Amendment 64, Section 6(a) makes it clear that the intent of the voters was to maintain the status quo for employers and employees, and that employers may maintain, create new, or modify existing policies in response to the passage of the measure.

The Task Force recommends that employers should be encouraged to review current drug-free workplace policies, including but not limited to hiring, sanctioning, termination, and drug testing, in response to passage of the measure.”

“The Task Force recommendations will now need to be perfected through the legislative process and rulemakings by various state agencies,” Task Force Co-Chair Jack Finlaw commented in a press release.

It is important to remember that these are only recommendations at this point, and not the law of the land,” says MSEC attorney Curtis Graves. “Nonetheless, employers couldn’t have hoped for a better outcome.”