California Passes Legislation to Safeguard Off-Duty Cannabis Consumption for Workers

The state of California is on the verge of becoming the seventh in the U.S. to shield employees who engage in cannabis use during their time.

On Tuesday, the state Senate approved Assembly Bill 2188, aimed at amending anti-discrimination laws and the Fair Employment and Housing Act.

The objective is to prevent companies from penalizing employees who test positive for cannabis when the usage occurs outside working hours.

The bill addresses concerns related to drug testing methods, such as hair or urine samples, which may indicate cannabis use in the past days or weeks, even if the individual is not presently under the influence. It excludes tests that determine immediate intoxication.

The legislation now awaits the decision of Governor Gavin Newsom, who has until the end of September to sign it into law. If approved, the law is set to take effect on January 1, 2024.

California would join Connecticut, Montana, Nevada, New Jersey, New York, and Rhode Island as states that protect employees from repercussions for off-duty marijuana consumption.

Drug screenings, typically utilizing urine or hair follicles, often detect THC metabolites, the main psychoactive component in marijuana, which can remain in the system for an extended period.

The proposed law prohibits employers from punishing or discriminating against employees who fail such tests but doesn’t restrict the use of other testing methods, like saliva tests, to gauge immediate intoxication.

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Certain exemptions apply, including employees in construction trades, federal contractors, federally funded employees, and federal licensees obliged to maintain drug-free workplaces.

Assemblymember Bill Quirk (D-Hayward), the bill’s author, underscores that the legislation doesn’t permit employees to work under the influence.

Despite California’s history of pioneering marijuana legalization, the state has previously provided limited protection for workers engaging in off-duty cannabis use.

In an open letter expressing opposition, the California Chamber of Commerce labeled the bill a “job killer,” arguing it establishes an unprecedented, protected class for marijuana users, potentially compromising employers’ ability to maintain a safe, drug-free workplace.

Labor unions, including the United Food and Commercial Workers Local 324, contend that employees shouldn’t face repercussions for legal activities outside of work.

Matt Bell, secretary-treasurer for UFCW 324, emphasizes that relying on outdated cannabis tests fosters a sense of insecurity and harassment at the workplace without contributing to improved safety.