In 1996, California voters legalized cannabis use for medical consumption in this state. In 2016, California voters legalized recreational use of cannabis by adults in California.
On Jan. 1, it will be unlawful, with certain exceptions, for California employers with five or more employees to discriminate against an applicant or employee based on off-duty cannabis use away from the workplace or for failing an “employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”
Here’s what you need to know about new Government Code Section 12954 of the California Fair Employment and Housing Act.
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In 2022, AB 2188 was signed into law, barring employment discrimination for off-duty cannabis use, with certain exceptions, effective Jan. 1, 2024.
This October, SB 700, which revised the new law before it took effect, was signed into law. The key change was to bar an employer from asking applicants about prior cannabis use.
No, but a drug test used to make employment decisions must be “scientifically valid” and must not screen for “nonpsychoactive cannabis metabolites.”
In enacting AB...
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