California just passed two new laws that protect the rights of people who use weed at work. Since these rules went into effect on January 1, 2024, most employers can’t discriminate against people who use cannabis or ask about it on job applications.
Also, employers must use a scientifically valid test that only finds recent cannabis use instead of the more usual test that can find cannabis use months later. It is hoped that these changes will make it easier for people who use weed to get a new job or keep the one they already have.
Context
Cannabis, a plant commonly referred to as marijuana, has psychoactive substances that have the power to affect a person’s mood, perception, and thought process. Although cannabis has been used for thousands of years for both medicinal and recreational purposes, it has also been the target of societal and legal restrictions in many nations.
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According to the federal Controlled Substances Act, cannabis is categorized as a Schedule I drug in the United States, meaning it has a high potential for abuse and no recognized medicinal value. State and federal law now clash because some states have legalized cannabis for either medical or recreational purposes.
Cannabis was made legal in California in 1996 for medical purposes and in 2016 for recreational purposes. Based on the most recent data available, the California Department of Public Health estimates that over 3.6 million people in the state used cannabis in 2020, making up over 11% of the adult population.
Nevertheless, many cannabis users continue to experience harassment and discrimination at work, even in California, where the drug is legal. Even if employees use cannabis responsibly and outside of work hours, employers still have the right to terminate, fine, or reject applications from cannabis users depending on the results of their drug tests. This can have detrimental implications on the cannabis users’ livelihood, health, and well-being.
Revolutionary Laws
Legislators in California submitted two proposals in 2022 to address this problem and improve the job rights for cannabis users. Assembly Bill 2188 (AB 2188) and Senate Bill 700 (SB 700) were the two bills that Governor Gavin Newsom signed into law in September 2022. The employment restrictions pertaining to cannabis use were significantly altered by the new laws, which went into effect on January 1, 2024.
AB 2188
Assemblymember Rob Bonta’s AB 2188 altered the California Labor Code to forbid employers from randomly testing employees or job seekers for cannabis usage unless the test is supported by science and the employment qualifies for an exception.
A test that can reliably gauge the degree of impairment or intoxication brought on by cannabis use—rather than only detecting the presence of metabolites—is considered scientifically reliable. The building and construction trades, as well as jobs requiring a security clearance or government background investigation, are among the exceptions.
The California Fair Employment and Housing Act was also amended by AB 2188, making it illegal for employers to fire, punish, or discriminate against current or potential employees based solely on their use of cannabis outside of the workplace unless they can demonstrate that the use of cannabis has impaired or will impair the worker’s performance. Unless the position is exempt from the aforementioned rules, the law forbids employers from inquiring about prior cannabis use during job interviews or on job applications.
SB 700
The California Health and Safety Code was amended by Senator Scott Wiener’s SB 700, which forbade employers from discriminating against workers or job candidates who meet the requirements of the Compassionate Use Act of 1996, which permits the use of cannabis for medical purposes with a doctor’s recommendation.
The Adult Use of Marijuana Act of 2016, which permits adults 21 years of age or older to use cannabis recreationally, also forbids employers from discriminating against current workers or job candidates who use the drug for medical purposes. Posts covered by the exceptions listed in AB 2188 are exempt from the law.
Consequences
It is anticipated that the new rules will have a major impact on Californian firms as well as employees. Employers must update their drug testing procedures and policies in order to comply with the new regulations and steer clear of any legal action.
Employers must make sure that they employ a scientifically reliable test for cannabis usage and that, absent a justifiable business purpose, they should not discriminate against cannabis users based on test findings or prior cannabis use. Unless doing so would put an unreasonable burden on the business, employers must also respect the privacy and medical secrecy of cannabis users and make reasonable accommodations for people who use the drug for medical purposes.
Because of the rules, workers and job seekers are now more protected and free to consume cannabis outside of work and in a responsible manner without worrying about losing their jobs or not getting hired. In addition, those who use cannabis and experience harassment or discrimination at work because to their use of the drug can speak up for themselves and pursue legal action.
The regulations do not, however, grant cannabis users unlimited permission to consume cannabis while working, carrying out their job responsibilities, or operating machinery while stoned or impaired. Employers’ policies and expectations must still be followed by cannabis users, and they must carry out their duties safely and efficiently.
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In Summary
Two new regulations that safeguard cannabis users’ rights at work have significantly altered California’s employment rules pertaining to cannabis usage. These laws mandate that employers use a scientifically valid test that only detects recent cannabis use, rather than the common test that can detect cannabis months after consumption, and they prohibit the majority of employers from discriminating against cannabis users or inquiring about their past cannabis use on job applications. These adjustments could lessen the stigma and obstacles faced by cannabis users seeking new employment or want to hold onto their present position, as well as foster a more equitable and welcoming work environment in California.