New Employment Protections for California Cannabis Consumers!

As of January 1, 2024, California workers who use cannabis off-duty are now protected from employment discrimination under two newly enacted laws.

Stronger Workplace Protections for Cannabis Consumers

AB 2188, passed in 2022, prevents most employers from firing or disciplining workers who test positive for cannabis metabolites in drug screenings. This law also protects job applicants, ensuring they cannot be denied employment based on past cannabis use detected in urine tests. However, employers can take action based on THC tests, which detect recent cannabis use in blood and saliva.

Some exceptions apply, including:

• The building and construction industry
• Jobs requiring federal background checks or security clearances

SB 700, passed in 2023, further strengthens protections by prohibiting employers from penalizing workers and job applicants for:

• Off-duty cannabis use
• Prior cannabis-related criminal history (if it reflects lawful use)

Exceptions remain for construction jobs, security clearances, and federal conflicts.

These laws represent a major step forward in workplace rights for cannabis consumers. However, they also highlight the ongoing challenges of federal prohibition and the complexities of cannabis legalization in employment policies.

California’s Commitment to Cannabis Reform

The passage of AB 2188 and SB 700 underscores California’s dedication to fair treatment of cannabis users. Advocacy groups like California NORML played a vital role in pushing for these protections, demonstrating the power of grassroots activism in shaping policy.

While progress has been made, continued advocacy is necessary to ensure full legalization and equal rights for cannabis consumers.

Timeline of Marijuana Policy Reform in California

• 1996 – Voters approved the Compassionate Use Act, allowing for medical marijuana use.
• 2003 – Lawmakers expanded medical marijuana rights, allowing collective cultivation by patients and caregivers.
• 2015 – California established a licensing and regulatory system for medical cannabis businesses.
• 2016 – Voters passed adult-use cannabis legalization, creating a regulated market.
• 2017 – Medical and non-medical cannabis regulations were merged under one agency.
• 2018 – First legal sales for adult-use cannabis began!

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