California Passes Law Protecting Marijuana Users

California’s Governor signed AB 2188 into law on September 18th. Effective January 1, 2024, AB 2188 extends new protections to marijuana users.

Specifically, AB 2188 makes it an unlawful practice for an employer to discriminate against an individual in hiring, termination or any other term or condition of employment based upon the following:

1. Individual’s use of cannabis off the job and away from the workplace.
2. Employer-required drug test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

Employers may still take adverse employment related actions based on “scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.”

AB 2188 notes that it is not intended to permit an employee to possess, use or be impaired by marijuana on the job and it does not impact an employer’s ability to maintain drug and alcohol-free workplaces. The law also does not preempt any state or federal laws that require drug testing for applicants or employees and does not apply to employees working in construction.

Given the potential impact on an employer’s drug testing program, we recommend impacted employers discuss this new law’s requirements with qualified legal counsel well in advance of the law’s effective date.