The Legalities of Marijuana Use in the California Workplace
In California, it is legal to use marijuana for medical or recreational use. Recently, Gov. Gavin Newsom signed Assembly Bill 2188, which protects employees from weed bias in the workplace. This new law will be effective from January 2024. According to federal law, it is still prohibited to manufacture or possess marijuana for any purpose. The contradictions may need to be clarified for the employers while outlining their employment policies. This article will provide details on California marijuana employment laws for your better understanding.
California marijuana employment laws and related concerns
- AB 2188 states that employers can not discriminate against workers in the hiring, employment, or termination process if they use marijuana off the job and away from the workplace.
- Any job applicant or employee can not be discriminated against if they use marijuana outside the workplace. Also, this law does not imply that employers can not conduct marijuana tests or have a drug-free workplace policy.
- Suppose the job applicant tested positive for non-psychoactive metabolites of marijuana. In that case, the employer can not reject his application based on that because the presence of metabolites in the body does not mean that the employee is currently impaired by marijuana.
Exception of the marijuana employment law
- This new law will not apply to construction and business trade workers.
- It also exempts employers who are required to conduct testing for controlled substances by federal or state law.
- This law prohibits employees from using, possessing, or being impaired by marijuana at work.
- Employers are not restricted to conducting a drug test for marijuana to find out current impairment.
The legal limit of cannabis
Under the state’s health and safety code, you can not have more than 28.5 grams of weed or 8 grams of concentrated cannabis on hand. You will be penalized in California if you possess more than this limit.
What should employers do?
The employers should review the company’s drug testing policy before 2024, as AB 2188 will not be effective till then. In the revised policy, they should mention that the employees will not be discriminated against only based on the presence of non-psychoactive THC metabolites. The new policy should also distinguish between the presence of delta-9-tetrahydrocannabinol and psychoactive components. Employers need to renew their system of handling positive tests for marijuana.
There is no specific order of California marijuana drug test law for private employers. They should consult an experienced attorney while making drug testing-related policies.
Final Words
California marijuana employment laws regarding drug use may seem complicated. That’s why the above discussion focused on the critical points related to it. To summarize, AB 2188 amends the Fair Employment and Housing Act by protecting workplace discrimination based on the use of marijuana. After implementing this law, employees will be able to file discrimination charges with CRD against employers. This was all about the legal concerns of Assembly Bill 2188.
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