New employment protections for California cannabis consumers!

On January 1, 2024, California workers who use cannabis off-the-clock gained significant protections against employment discrimination. Two new laws, championed by California lawmakers and signed into law by Governor Gavin Newsom, are now in effect.

AB 2188, passed in 2022, prohibits most employers from firing or disciplining employees who test positive for cannabis metabolites in drug screenings. This measure extends to most job applicants as well, ensuring they cannot be denied employment based on prior cannabis use revealed in urine tests. However, employers can continue to take adverse action based on tests for THC. THC does not stay in one’s system nearly as long as metabolites. It is detectable in blood and saliva tests. Certain exceptions apply, particularly in the building and construction industry, and for positions requiring federal background checks or security clearances.

In addition to AB 2188, 2023’s SB 700 prohibits most employers from penalizing  employees and job candidates for off-duty marijuana use, including for prior criminal history that is indicative of off-duty marijuana use. It includes exceptions such as employers in building and construction, those with security clearances, and in case of federal conflicts. 

These new laws mark a significant step in protecting the rights of cannabis users in the workplace, addressing longstanding concerns about discrimination based on cannabis consumption. However, they also reflect the ongoing challenges posed by federal prohibition and the complexities of integrating cannabis legalization into employment practices.

The passage of AB 2188 and SB 700 demonstrates California's commitment to cannabis reform and equitable treatment of its citizens. Organizations such as California NORML played a pivotal role in advocating for these measures, highlighting the importance of grassroots activism in shaping progressive policies.

While these laws represent progress, challenges remain in ensuring full legalization and equitable treatment for all cannabis users. Stay informed and engaged with the Marijuana Policy Project to support ongoing efforts for cannabis reform in California and beyond.

Timeline of marijuana policy reform in California

1996: Voters approved the Compassionate Use Act, allowing for the medical use of marijuana.

2003: California’s legislature expanded the state’s medical marijuana law to allow patients and caregivers to collectively or cooperatively cultivate marijuana.

2015: California’s legislature enacted a licensing and regulatory system for medical marijuana businesses.

2016: Voters approved a ballot initiative legalizing marijuana for adults and establishing a regulated marijuana market.

2017: Licensing and regulatory system for medical marijuana businesses is paired with a similar regulatory system being developed for non-medical, now under one agency.

2018: First legal sales for adult consumers began!

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