California Launches New Law to Protect Cannabis Employees
2 min readNew marijuana laws in California to protect employees take effect in 2024, cannabis users will soon officially have protections from discrimination based on their use of cannabis or marijuana while off the clock and away from the workplace.
Starting Jan. 1, it will be illegal for employers to discriminate against hiring, firing or punishing someone based on their use of cannabis when not working and away from the worksite including
Pre-employment drug testing
The new law would prohibit employers from holding drug screen results against an applicant if the test reveals evidence of past marijuana use. The new general intent of employment-related drug testing is to test for impairment on the job and/or at the worksite, not for long-term use. Additionally, it will become illegal for employers to ask potential employees if they have used cannabis or marijuana.
Termination based on marijuana usage
The new law not allow employers to discipline an employee who used medical or recreational marijuana during their time off, that’s allegation will soon be illegal. So the employee has rights to use marijuana for recreational purposes on the weekend while off the clock and away from the workplace, and then show up for work on Monday, an employer cannot hold their weekend cannabis consumption against them.
Exceptions to the protections
The new law still allows employers to restrict marijuana use on the job. The bill does not allow for employees to possess, be impaired by, or use cannabis on the clock. Furthermore, the bill also states that nothing contained in it “affects the rights or obligations of an employer to maintain a drug-and-alcohol-free workplace.” While employees in the building and construction trades and applicants or employees for federal jobs who require clearance from the U.S. Department of Defense may still be denied employment or face disciplinary action for cannabis usage outside of work.
Data and Picture origin at Fox40, Hrmagazine