An amendment to a California law will soon protect most workers in the state who use cannabis from being discriminated against.
The amendment, known as Assembly Bill 2188, was approved by Gov. Gavin Newsom on Sept. 18, 2022. It adds a section to the California Fair Employment and Housing Act making it illegal for employers to discriminate against hiring, firing or punishing someone based on their use of cannabis when not working and away from the worksite.
The bill goes into effect on Jan. 1, 2024 and protects the consumption of cannabis on one’s own time. It does not allow workers to have, be impaired by, or use cannabis while working.
Employers can still test employees and potential employees for THC, but they cannot discriminate against those who test positive for non-psychoactive cannabis metabolites, or metabolized THC, found in hair, blood, urine and other bodily fluids.
“These metabolites do not indicate impairment, only that an individual has consumed cannabis in the last few weeks,” the legislature said, according to NBC News 7.
The legislation “does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances … as a condition of employment, receiving federal funding or federal licensing-related benefits or entering into a federal contract.”
The law also does not cover or protect federal employees.
Federal employees and those who work in building and construction trades will not be protected under the new law, as it does not apply for “those hired for positions that require federal background checks and clearance.”
The legislation is one of many cannabis-related bills signed by Newsom this year.
Newsom signed another bill, Senate Bill 700, in October, which will block most employers from asking job applicants about their prior cannabis use, also starting this upcoming year.
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