New CA Laws Protect Cannabis Users​ From Workplace Discrimination

CALIFORNIA — After the New Year, employment discrimination for off-duty cannabis use will be illegal in California.

Assembly Bill 2188 and Senate Bill 700 amend the California Fair Employment and Housing Act to protect employment rights for people who use marijuana.

Beginning Jan. 1, it will be against the law under AB 2188, with certain exceptions, for California employers with five or more employees to discriminate against current or potential workers for cannabis use off the job and outside of the workplace. Workers can still be penalized for coming to work high or impaired.

SB 700, which was signed into law this year, clarified and expanded AB 2188 before it was set to go into effect in 2024. SB 700 makes it illegal for employers to ask applicants about their prior use of marijuana, excluding criminal history with cannabis-related crimes.

Under the new laws, employers cannot reprimand workers who fail employer-required drug screening tests that find non-psychoactive cannabis metabolites in hair, blood, urine or other bodily fluids. Employers, however, can still use tests that detect the presence of active THC, the chemical compound in cannabis that can indicate impairment and cause psychoactive effects.

Employers in the building and construction trades, as well as workplaces that receive federal funding, will be exempt from testing protections.

The Golden State is now one of several states with laws protecting employees and applicants against discrimination for cannabis use. Other states with laws that protect workers include Connecticut, Montana, Nevada, New Jersey, New York, Rhode Island and Washington.

Correction: Due to an editing error, an earlier version of this story misidentified the AB 2188 author. Former Assemblyman Bill Quirk authored the bill.