New California Laws Protect Workers' Cannabis Rights

As of January 1, 2024 California's Fair Employment and Housing Act (FEHA) prohibits employers from engaging in discrimination against employees or job applicants due to their off-duty and off-site cannabis use. This prohibition will have a direct impact on pre-employment testing practices.

Governor Gavin Newsom's approval of Assembly Bill 2188 in 2022 marked a pivotal moment for the state's cannabis industry. Under this law, employers are now prohibited from utilizing hair or urine tests to make employment decisions based on marijuana usage. These tests, known for detecting traces of cannabis for extended periods, will no longer factor into hiring, firing, or disciplinary actions.

In a press release accompanying the signing of AB 2188, Governor Newsom acknowledged the challenges posed by "rigid bureaucracy and federal prohibition" to the cannabis industry and consumers. The law is a strategic move to modernize outdated regulations, providing a more progressive and fair framework for both employers and workers.

The momentum continues into the new year with the signing of Senate Bill 700 by Governor Newsom. This latest legislation builds upon AB 2188 by explicitly amending the state's Fair Employment and Housing Act. Now, employers are barred from inquiring about job applicants' previous cannabis use, reinforcing the protection of individuals seeking employment opportunities.

However, it's crucial to note that these groundbreaking changes come with some exceptions. Employees in the construction sector remain outside the scope of these laws, as do applicants for federal jobs subject to background checks. These nuanced details ensure a balanced approach that aligns with industry-specific needs and federal requirements.