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CALIFORNIA’S ‘DON’T ASK, DON’T TELL’ LAW ON CANNABIS USE BEFORE HIRING TAKES
EFFECT JAN. 1


RETAIL BUSINESS OWNERS WEIGH IN ON STATE OF DOWNTOWN SANTA ROSA


VALLEJO THEME PARK WOULD BE PART OF NORTH AMERICAN MEGA MERGER


‘MENACE TO PUBLIC SAFETY’: UKIAH DEMANDS OWNER TAKE ACTION ON CRUMBLING HOTEL


MARIN OFFICIALS DEVELOP 1ST COUNTYWIDE TRANSPORTATION PLAN


DAYLIGHT SAVING TIME IS ENDING SOON — DIDN’T CALIFORNIA VOTE TO STOP TIME
CHANGE?


DAYLIGHT SAVING TIME ENDS: CALIFORNIA CLOCKS TO CHANGE BUT ‘YOUR BODY DOESN’T
WORK THAT WAY’


NEW KANSAS CITY BBQ JOINT HITS SNAG ALL TOO FAMILIAR WITH NAPA RESTAURANTS


‘IT'S ALMOST IMMORAL’: NONPROFITS SCRAMBLE TO FUND SERVICES AS COUNTY FALLS
BEHIND ON PAYMENTS


GENENTECH CEO STEPS DOWN TO TAKE TOP SPOT AT BIOMARIN





NEW YEAR WILL BRING ‘DON’T ASK, DON’T TELL’ POLICY FOR CALIFORNIA CANNABIS USE
AND HIRING

Slide 1 of 2
“We’re making progress,” says Lynnette Shaw, founder of Marin Alliance CBC and a
pioneer in the campaign for California's Proposition 215. (Susan Wood / North
Bay Business Journal) Nov. 13, 2021
Slide 2 of 2
Dr. Larry Bedard, chair, board of directors, Marin Healthcare District. Bedard
has practiced emergency medicine for more than 30 years. From 1979 to 2001, he
worked in Marin General Hospital's Emergency Department. (Photo courtesy of Dr.
Bedard)
Gift this article to a friend
SUSAN WOOD
THE NORTH BAY BUSINESS JOURNAL
November 2, 2023, 4:09PM
Updated 1 hour ago
Order Article Reprint



Come Jan. 1, 2024, California employers are barred from asking job applicants
about cannabis use — a practice some employers used to filter out applicants
according to North Bay cannabis advocates and recruitment specialists.

California Senate Bill 700, signed into law by Gov. Gavin Newsom in October,
serves as part of the provisions of the California Fair Employment and Housing
Act. It empowers the state Civil Rights Department to investigate and prosecute
complaints alleging unlawful practices because of an applicant’s use of cannabis
off the job and away from the workplace.



The new law would make it unlawful for a prospective employer to request
information from an applicant relating to the prior use of cannabis.

Longtime cannabis advocates, in particular those who endorse its use for
medicinal purposes, support the new law, claiming the discrimination exists.

“We’re making progress,” said Lynnette Shaw, founder of Marin Alliance CBC in
Fairfax, the first medicinal cannabis dispensary in the state.

Nonetheless, Shaw showed a crack in the door that still exists for employers who
want to find out whether job applicants use.



SB 700 does not preempt state or federal laws requiring an applicant to be
tested for controlled substances. Also, an employer may ask about an applicant’s
criminal history, given the inquiry complies with state law requirements.

In 2022, the California legislature passed Assembly Bill 2188, which makes it
unlawful for an employer to discriminate against a person in hiring, termination
or other types of employment conditions based on the person’s cannabis use.

“I never had a job test me for cannabis. I’m just generally not applying
(then),” said Shaw, who added she knows people who have been asked about their
cannabis usage during the job application process.

Although legal in California, cannabis has not been legalized by the federal
government.

One of the questions surrounding the practice was whether asking about
recreational or medical use of the drug violated privacy rights under the
federal Health Insurance Portability and Accountability Act of 1996.

Dr. Larry Bedard, a Marin County medicinal cannabis supporter and MarinHealth
board member, said he’s “not surprised” by the need for the law, and that the
hiring practice goes on.

“Certain companies ask about that. Cannabis is still fairly controversial. I
think applicants could make a good case it violates HIPAA rights,” Bedard said,
referring to the Health Insurance Portability and Accountability Act that
establishes national standards to protect individuals’ medical records and other
identifying information.

“We would not recommend (companies) ask these questions,” said Human Resources
Manager Trish Griffus of The Personnel Perspective, an employment recruitment
firm in Santa Rosa.

Griffus mentioned the practice of inquiring about pot use is more evident when
an applicant applies for roles in which operating machinery, such as driving a
forklift for example, is part of the job. But some hiring managers may have
passed on qualified workers who use.

“There are a lot of factors to consider with employment, with all kinds of
conversations about medical versus recreation use,” she said. “In a million
years, I wouldn’t ask that question anyway.”

In other cannabis bills, the governor vetoed legislation that would have
legalized cannabis cafes, public establishments where cannabis products could be
freely consumed or even sold.

Susan Wood covers law, cannabis, production, tech, energy, transportation,
agriculture as well as banking and finance. She can be reached at 530-545-8662
or susan.wood@busjrnl.com




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THE STRUGGLE TO SURVIVE IS REAL FOR OVER A THIRD OF SONOMA COUNTY HOUSEHOLDS


WHY IT’S BEEN A TOUGH YEAR FOR LOCAL ORGANIC APPLE GROWERS


FIRE AT PETALUMA FEED COMPANY CAUSES ESTIMATED $6 MILLION DAMAGE






RECENT STORIES


CALIFORNIA’S ‘DON’T ASK, DON’T TELL’ LAW ON CANNABIS USE BEFORE HIRING TAKES
EFFECT JAN. 1


RETAIL BUSINESS OWNERS WEIGH IN ON STATE OF DOWNTOWN SANTA ROSA


VALLEJO THEME PARK WOULD BE PART OF NORTH AMERICAN MEGA MERGER


‘MENACE TO PUBLIC SAFETY’: UKIAH DEMANDS OWNER TAKE ACTION ON CRUMBLING HOTEL



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