California law bans employers from inquiring about past cannabis consumption.
California Laws Protecting Personal Cannabis Use to Take Effect
Exciting news for cannabis users in California! Starting January 1, two new laws will be implemented to prevent employers from discriminating against individuals based on their personal cannabis use. The latest bill, Senate Bill 700, is awaiting approval from Governor Gavin Newsom and aims to make it illegal for employers to inquire about an applicant’s previous cannabis use.
Authored by Senator Steven Bradford, SB 700 builds upon existing legislation that already prohibits employers from discriminating against individuals based on their past cannabis use. In an Assembly analysis, Mr. Bradford emphasized the importance of this bill, stating, “SB 700 explicitly makes it unlawful for employers to request information from an applicant relating to their prior use of cannabis.”
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Another law, Assembly Bill 2188, authored by Assemblywoman Sharon Quirk-Silva, was approved by Governor Newsom in September 2022 and will go into effect on January 1, 2024. This legislation prevents most employers, except those in the construction industry or requiring federal background checks, from discriminating against individuals based on their off-the-job cannabis use.
While employers can still conduct cannabis testing, it can only be used for pre-employment or on-the-job drug screening. If an employee tests positive for cannabis indicating current impairment, the employer can decide the appropriate consequences, if any, according to a Senate analysis.
The current law also protects individuals who test positive for nonpsychoactive cannabis metabolites, which can be detected up to 10 days after marijuana use. Positive test results for these metabolites cannot be used against employees or applicants, as stated by lawmakers.
It’s worth noting that there was no opposition to SB 700. However, the California Chamber of Commerce expressed concerns about AB 2188, stating that it provides excessive protections to marijuana users. They believe that marijuana should not be given a legally-protected status above other comparable drugs, such as alcohol.
How does SB 700 aim to address potential bias or discrimination against individuals using cannabis for personal reasons in hiring decisions?
“SB 700 aims to remove any potential bias or discrimination against individuals who choose to use cannabis for personal reasons, whether it be for medical or recreational purposes. The bill recognizes that personal cannabis use should not be a determining factor in hiring decisions, as long as it does not interfere with an individual’s ability to perform their job duties responsibly and effectively.”
Under this new legislation, employers will be prohibited from asking applicants about their past cannabis use during the hiring process. This will ensure that individuals are not unfairly excluded from job opportunities simply because they have used cannabis in the past. It is important to note that this prohibition does not extend to situations where the use of cannabis may impair an individual’s ability to perform their job safely, such as in industries that require operating heavy machinery or dealing with high-risk situations.
In addition, beginning January 1, 2023, employers will be further restricted in their ability to conduct cannabis testing on employees and job applicants. Assembly Bill 1256, also awaiting the governor’s approval, seeks to limit the use of cannabis testing as a basis for employment decisions. This includes both pre-employment and ongoing testing, unless the employer can demonstrate that the employee’s cannabis use directly impairs their job performance.
“AB 1256 aims to protect the privacy and personal choices of individuals by ensuring that cannabis testing is only conducted when it is truly necessary and relevant to an individual’s ability to perform their job duties.”
The implementation of these two laws stems from the recognition of the evolving societal views on cannabis use and the need to protect individuals from discrimination based on their personal choices. As California continues to embrace the legalization of cannabis, it is crucial that laws are in place to safeguard individuals’ rights and ensure fair treatment in the workplace.
The passage of SB 700 and AB 1256 demonstrates California’s commitment to creating a more inclusive and equitable environment for cannabis users. It also sets a precedent for other states to follow in recognizing the importance of protecting individuals from unjust discrimination based on their personal cannabis use.
While these laws provide important protections for individuals using cannabis, it is essential for employers to remain informed and adapt their policies accordingly. They must ensure that they are in compliance with these new laws to avoid potential legal issues and protect the rights of their employees.
As we approach the new year, cannabis users in California can look forward to the implementation of these laws, which will give them greater peace of mind and protection in the workplace. With the passage of SB 700 and AB 1256, California continues to lead the way in ensuring the fair treatment of individuals who choose to incorporate cannabis into their personal lives.”
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