TO: Amendment 64 Implementation Task Force FROM: Tamra Ward, Colorado Concern DATE: Monday, December 17, 2012 RE: Colorado Business

Community Questions Regarding the Implementation of Amendment 64 Below please find a list of questions from business and industry groups across Colorado regarding the impact of Amendment 64 on Colorado employers. Employer Workplace Options            How will Amendment 64 impact a company’s drug testing and drug-free work environment policies? Can a company have a policy that allows for termination based on a positive drug screen, regardless of legality in Colorado? Is there need for a state law re-asserting an employer’s right to implement their drug testing policies? Should an applicant test positive for marijuana on a pre-employment drug screen can the employer choose not to hire? What immunity can be crafted for employers whose employees smoke before work, legally, but whose "intoxication" levels still exceed norms adopted by the state while they are at work? What protection can be codified for employers who fire employees for substandard performance because of legal marijuana usage? Will employers face civil liability for discharging, disciplining or taking other adverse employment actions against employees consuming or using marijuana? What is acceptable wording for an employee handbook in addressing an employee who is suspected of being under the influence of marijuana? Will the state provide guidance on language? Will employers face common law privacy claims if it drug tests employees or applicants for marijuana use? Is it a “lawful activity” under Colorado’s Lawful Off-Duty Conduct Statute to use marijuana when it remains a Schedule I controlled substance under federal law? Is "use" limited to employees impaired while on the job? Amendment 64 provides that employers may have policies prohibiting the use of marijuana. Many employers, particularly small employers, don’t have an explicit policy prohibiting drug use. May those employers still rely on the employment at-will doctrine to take adverse action against employees using marijuana? How will employers deal with marijuana in someone's system if they are hurt on the job? It is typical protocol for hospitals/clinics to perform a post-accident test. Will Amendment 64 change that practice? Can companies consider marijuana illegal that is brought onto the workplace property? What if someone has a joint in their pocket or in the glove box of their car and it’s below the ounce? It is not unusual for people to stop at the store before they go to work, and pick up a six-pack of beer or a bottle of wine they put in their trunk, or back seat with a few other staples. Many companies have policies that say no alcohol “use” in the workplace. But, someone can bring in a bottle of

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wine to give as a gift, and no policy or federal or state law is broken. Does the same ring true for a person who has less than an ounce of marijuana on their person or in their vehicle? They don’t have the intent of “using” it at work. At this point can a company still say, “Marijuana is an illegal drug, and an employee is not allowed to be in possession of it on the premises,” and still be within the law, federal and state? How will Amendment 64 impact labor/management relations? Bargaining agreements?

Federal Contracts/License Guidelines    The Commercial Driver’s License (CDL) regulations prohibit marijuana use. Does this regulation trump Amendment 64? Can a company issue a policy that is based on federal Department of Transportation (DOT) standards for all employees regardless of how many CDL drivers they have employed? When working on federally funded construction projects would testing positive for marijuana still be considered illegal?

Unemployment Benefits/Workers’ Compensation      If a person tests positive for marijuana and is terminated because that individual does not meet job-site requirements are they eligible for unemployment benefits? If an employee tests positive for marijuana in a post-accident drug screen would the regulation that reduces workman’s compensation benefits if you test positive for alcohol or drugs apply? Would a company have a right to terminate employment based on the positive drug screen? Will the cost of insurance increase for employers who have employees who work with heavy equipment rise? How will Amendment 64 affect unemployment claims in the case of termination? What impact will Amendment 64 have on workers compensation claims on the employer’s side?

Defining Intoxication Levels/Testing What tests are available to employers to address the issue of intoxication? Unlike alcohol, marijuana stays in a person’s system for a longer period of time.  What will be done to create a standard of intoxication that can be utilized by employers, to ensure a safe workplace?  As the Delta 9 Tch level can only be determined by a blood test, who is responsible for the payment of the test, and what procedures will need to be in force regarding random drug or alcohol tests? Restaurants/Taverns   Will restaurants, taverns and clubs be allowed to sell marijuana? Will people be able to use marijuana in private clubs or private areas of existing businesses? Will special ventilation be required? 

Revenue Raising Questions    Is a vote of the people required to put in place the tax outlined in Amendment 64? What happens to the Amendment if such a measure failed to gain voter support? Can the General Assembly modify where the taxes raised through this measure are allocated?

Will a percentage of the tax revenues be dedicated to public service announcements about marijuana use?

Intersection in the Workplace with Amendment 20  Amendment 20 does not require “any employer to accommodate the medical use of marijuana in any work place.” How will this law correlate with the use of recreational marijuana by an employee?

Location of Retail Operations  What restrictions will be placed on the location of recreational marijuana stores? (I.e., how far from schools, how many allowed on the same block, etc.)

Advertising/Marketing/Public Service Outreach   Will individual stores and individual brands of marijuana be allowed to advertise, or will their advertisements be restricted like tobacco advertising? Will they be allowed to advertise on billboards? In the airport? On television? In free distribution newspapers available to minors? Will there be a public information campaign funded to inform the general public, business leaders and even the consular community about Amendment 64 for the benefit/safety of the general public and domestic and international travelers?

Tourism      What provisions will be made for out-of-town visitors to smoke marijuana? If a tourist purchases marijuana, where could they smoke it without breaking the law? How will strength of marijuana be handled on packaging so that consumers are aware of how much they are taking? How will Amendment 64 affect licensed carriers for paid passenger transportation (taxi and shuttle drivers, etc.)? How will visitors to Colorado who purchase marijuana in state be dealt with at airports, train stations and other transportation check-points when they try to transport marijuana into other states where it is still illegal? Should signage at exit points for the State of Colorado be required, warning visitors of the risks of leaving the state with marijuana that may be illegal in their state of residence?

Enforcement Levels/Penalties   Does the law enforcement community have the resources to cite public consumption of marijuana? What will the penalty be for retail marijuana establishments who sell to minors? What will the penalty be for minors who are caught purchasing or consuming marijuana in public?

Secondhand Impacts  What protections can be put in place for vendors who may have a zero tolerance drug policy, but work on the construction of a “Grow Facility" as it relates to secondhand ingestion?

Financial Services/Banking  How will growers, retailers, vendors and customers make financial transactions without access to the federal payment system (banks, credit unions, credit card companies, federal insurance) that allows for movement of money and credit (credit cards)? The state can't authorize this.

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