by Mark Schickman, Freeland Cooper & Foreman LLP
Politically, California bucked the national move to the right, reelecting House Speaker Nancy Pelosi and Senator Barbara Boxer — two poster children for the perceived overreaches of the Obama administration.
In the governor’s race, it rejected the claimed business savvy of former e-Bay CEO Meg Whitman, instead reelecting Jerry Brown, who previously served in the governor’s role between 1974 and 1982. Though Brown, or “Governor Moonbeam,” dallied briefly with presidential aspirations, his erstwhile link to rock diva Linda Ronstadt may be his most well known national connection.
But even in the state’s liberal mood, Proposition 19’s plan to legalize recreational marijuana proved too much for California voters.
Supporters of the measure focused on the promise of potential tax revenue as well as reduction of the violent black market that exists for obtaining the illegal drug. Yet the measure’s workplace implications would have been severe because employers would have been prohibited from firing stoned employees absent proof that pot use caused an actual diminution of job performance — an almost impossible burden.
Moreover, in the run up to the election, enthusiasm for Proposition 19 was dampened by U.S. Attorney General Eric Holder’s promise to prosecute federal law violations despite any California vote. Further, Governor Arnold Schwarzenegger eased some voter concerns by signing a law reducing possession of an ounce or less from a misdemeanor to an infraction.
Mark Schickman is editor of California Employment Law Letter and a partner with Freeland Cooper & Foreman LLP in San Francisco. He can be reached at (415) 541-0200.