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Friday, October 2, 2026

California workers gain protections for off-the-clock cannabis use beginning January 2024 - CDA (California Dental Association)

Quick Summary:

Beginning January 2024, employers will be legally prohibited from discriminating against a person in hiring, termination or any term or condition of employment or otherwise penalizing a person if the discrimination is based upon the person’s use of cannabis off the job and away from the practice or if an employer-required drug screening test has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids. Employers should update their drug test policies before law takes effect.

California law will soon bar most employers from penalizing or discriminating against applicants or workers who use cannabis off the clock and away from the workplace. Drug tests commonly used by employers now to detect the presence of cannabis molecules will not be usable to terminate a worker, restrict hiring or otherwise penalize a worker when the law takes effect Jan. 1, 2024, because these tests do not indicate that a worker is impaired on the job.

Dental practice owners and other employers in California who have a workplace drug test policy will need to review and likely update the policy before the law takes effect.

The new law does not permit workers to use, possess or be impaired by cannabis while on the job and does not alter an employer’s right and obligation to maintain a drug-free workplace.

New anti-discrimination protections for marijuana users

AB 2188, sponsored by Assemblymember Bill Quirk (D-Hayward) and...



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