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Lifestyle

Vices


NEW YEAR BRINGS JOB PROTECTIONS FOR CALIFORNIA MARIJUANA USERS

A.J. Herrington
ContributorOpinions expressed by Forbes Contributors are their own.
I cover cannabis and hemp news, business, and culture.
New! Click on the conversation bubble to join the conversation Got it!
Jan 2, 2024,10:09am EST

Marijuana users in California gained new job protections with the new year as
two new laws that protect cannabis users from employment discrimination went
into effect on January 1. Similar legislation also went into effect on Monday in
the state of Washington, where legal sales of recreational marijuana went on
sale nearly 10 years ago.



Under legislation passed by California lawmakers and signed into law by
Democratic Governor Gavin Newsom last year, employers will be barred from
discriminating against workers who test positive for cannabis in some drug
screenings. A separate bill passed in 2023 prohibits employers from asking
employees or job candidates about their off-duty use of marijuana.




New laws that went into effect in California and [+][-]
Washington on Monday protect workers from discrimination based on their legal
use of cannabis off the job.
getty

Assembly Bill 2188 (AB 2188), which was passed by the state legislature and
signed into law by California Governor Gavin Newsom in 2022, prohibits employers
from firing or disciplining employees who test positive for cannabis in a urine
or hair test. The measure also applies to job applicants, who cannot be denied
employment based on the results of such drug screenings. The law does not
prevent employers from using other drug tests for cannabis use, including blood
or saliva tests.




The new law has exceptions for employers in the building and construction
industry, who do not gain the employee protections granted under the measure.
The legislation also exempts workers and job applicants for positions that
require a federal background check or security clearance.



Newsom signed the bill last year in conjunction with other cannabis-related
legislation. At the time, the governor said in a press release that “rigid
bureaucracy and federal prohibition continue to pose challenges to the industry
and consumers.”




CANNABIS ACTIVISTS APPLAUD NEW LAW

Cannabis policy reform advocates have long been critical of drug screenings that
rely on hair or urine samples because they can return positive results weeks
after the person being tested used marijuana and do not indicate impairment at
the time the sample was taken. Dale Gieringer, director of the California
chapter of the National Organization for the Reform of Marijuana Laws
(CalNORML), said that the legislation that went into effect on January 1
improves the employment conditions for the state’s workers.

“Testing or threatening to test bodily fluids for cannabis metabolites has been
the most common way that employers harass and discriminate against employees who
lawfully use cannabis in the privacy of their own homes,” Gieringer said in a
statement from the cannabis policy reform advocacy group. “These new laws will
end that practice without impacting workplace safety. Numerous studies have
found that workers who test positive for cannabis metabolites have no higher
risk of workplace accidents.”


Laws to protect workers who use marijuana went [+][-]
into effect in Washington and California on January 1.
getty

Separate legislation approved by state lawmakers last year to clarify AB 2188,
Senate Bill 700 (SB 700), amends California’s Fair Employment and Housing Act to
bar employers from asking job candidates about their marijuana use while off the
job. Employers are still permitted to ask job applicants about their criminal
history, but they may not use information about their previous use of pot that
is related to their criminal history unless otherwise permitted by law.



The National Federation of Independent Business characterized the new
legislation as one of the top five “compliance headaches” for small business
owners in California for 2024. The California Chamber of Commerce expressed
opposition to AB 2188 in an early form, saying the bill was a “job killer,”
according to a report from public policy news site CalMatters. The business
group later dropped its opposition to the measure after lawmakers revised the
bill.




WASHINGTON ALSO ADDS PROTECTIONS FOR POT SMOKERS

Weed consumers in the state of Washington also gained new job protections at the
beginning of the new year. Under Senate Bill 5123, job applicants will be
protected from discrimination during the hiring process based on their legal use
of cannabis. The measure, which was approved by Democratic Governor Jay Inslee
in May, also went into effect on January 1.

Upon signing the legislation in May of last year, the governor noted that the
new law “seeks to protect applicants from hiring discrimination if they use
legal cannabis outside of work,” adding that “there are exceptions” for certain
industries including aerospace and airlines, according to a report from
Marijuana Moment. Job applicants for safety-sensitive positions or employment
that require federal background checks or security clearances are also exempted
from the protections of the legislation, as are first responders and law
enforcement officers.


Get the best of Forbes to your inbox with the latest insights from experts
across the globe.
Follow me on Twitter or LinkedIn. 
A.J. Herrington

I’ve spent the last several years covering cannabis and hemp news, business, and
culture, with thousands of print and digital articles published in the genre.
You’ll find my byline…

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