Award-Winning California Employment Law Firm Since 2012

Your Success Starts Here

New bill may end workplace discrimination against cannabis users

On Behalf of | Feb 28, 2022 | Harassment & discrimination

For many years, people that use cannabis on their off-hours have struggled to find and keep a job. Drug tests administered before and after hiring bar those who rely on cannabis from holding steady employment.

Now that recreational marijuana has been legal in California for some time, lawmakers are revisiting the employment laws surrounding its use. A California Assemblymember recently introduced AB 2188, a bill that would make it unlawful for employers to discriminate against those that use cannabis outside of the workplace.

Cannabis drug tests are neither accurate nor fair

It is widely known that some cannabis metabolites remain in the body for days or even several weeks. However, these metabolites are non-psychoactive and do not indicate that the person is under the influence of marijuana. Since many employers in Glendale and the greater Los Angeles metro area use drug tests for hiring and firing, it makes sense to revisit the law.

Cannabis users should understand that if the measure passes, it will not allow them to be high during work hours. Employers may also still mandate employee drug testing to look for the presence of active THC. You should also know that employers who follow federal drug-testing mandates will remain exempt.

Lawmakers believe the bill can help end discrimination against cannabis users and not penalize them for enjoying a legal substance on their off time. If the measure passes, it will be a victory for weed users with ongoing employment issues.

We recommend learning more about the ever-evolving employment laws in California to remain in compliance with new or changing labor statutes.