New California Law to Protect Your Off The Clock Cannabis Usage
A new California law that will soon take effect across the state will protect workers from being discriminated against for off the clock cannabis use.
In 2022, Gov. Gavin Newsom signed an assembly bill that amended the California Fair Employment and Housing Act with a new section protecting off the clock cannabis use. Weed is already legal in San Diego and everywhere else in California — this law just enshrines some new protections for cannabis consumers.
More specifically, Assembly Bill 2188 made it explicitly illegal for an employer to hire, fire, or punish someone based on their use of cannabis when they’re not working or away from the workplace, NBC 7 reported.
Starting Jan. 1, employers will still be able to test employees and prospective employees for active THC in their blood stream. THC is the psychoactive compound that can indicate impairment. However, the law still shields employee from any discrimination for non-psychoactive cannabis metabolites or metabolized THC.
That’s because, as the legislature said, these metabolized forms of THC “do not indicate impairment, only that an individual has consumed cannabis in the last few weeks.”
Although the law protects off the block cannabis use, employers will still have a right to have a drug- and alcohol-free workplace. The law doesn’t offer any protections for cannabis use during working hours.
There are a few exceptions to the protections, however. For one, the law doesn’t shield federal employees from discrimination. It also doesn’t apply to those who work in building or construction trades.
The law isn’t the only bill recently signed into law to protect off the clock cannabis use. Back in October, Newsom signed Senate Bill 700, which specifically blocks employers from asking job applicants about their prior cannabis use within the state. This law, like Assembly Bill 2188, is set to go into effect next year.
Because weed is legal in California, it is also regulated and taxed. Here’s everything you need to know about the California weed tax.
Media credit: Image licensed from Adobe
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