The California Legislature recently passed a bill prohibiting employers from penalizing workers for using marijuana during their off-work hours. Gov. Gavin Newsom has until Sept. 30 to sign or veto the bill.

Recreational use of marijuana has been legal in California since 2016. While off-duty use would be legally protected, the new bill does allow employers to fire or suspend workers for possessing, using or being impaired by marijuana while at work.

"I think the governor is likely to sign the law because he supported legalization in the first place, but I have not seen him make a public statement about his intent so far," said Christopher Olmsted, an attorney with Ogletree Deakins in San Diego.

"Overall, it's highly likely that Gov. Newsom will sign this bill into law," agreed Dalia Khatib, an attorney with CDF Labor Law in Sacramento, Calif. "Over the last two years, he has signed many bills that have expanded employee rights. Of course, there is always a chance this does not get signed, but the bill is not very extensive, so I anticipate he will sign it."

If signed, it would take effect in January 2024.

For safety reasons, there are some exceptions to the rule on off-duty use. The bill "includes carveouts for the building and construction trades, federal contractors, federal funding recipients, or federal licensees required to maintain drug-free workplaces," Olmsted noted. "Its provisions also exclude occupations that are required by federal or state laws to be tested...

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