A new California law will soon protect most workers in the state who use cannabis off the clock.
Last year, Gov. Gavin Newsom signed Assembly Bill 2188, adding a section to the California Fair Employment and Housing Act, which bans various forms of employment discrimination.
Starting Jan. 1, it will be 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.
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Moving forward, employers can still test employees and potential employees for THC, the major psychoactive ingredient in cannabis that can indicate impairment. However, the law stops employers from discriminating against them if they 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 found.
Employers will keep their right to declare a drug- and alcohol-free workplace. This law does not allow workers to have, be impaired by or use cannabis on the job.
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Federal employees and those who work in building and construction trades will not be protected under the new law.
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."
In October, Newsom signed another bill — Senate Bill 700 — related to cannabis into law that will block most employers from asking job applicants about their prior cannabis use starting next year.
