California Bill Proposes Protection of Workers for Marijuana Use

California Bill Proposes Protection of Workers for Marijuana Use

The first of its kind in the United States, a proposed bill in California would protect workers from discrimination based on the use of marijuana outside of work. If passed, this law would prevent employers from discriminating against an employee or an applicant for the use of cannabis outside of the workplace and amend the state’s antidiscrimination laws. This bill has the potential to provide protection for thousands of workers across the state who use marijuana for medical or recreational purposes during their off hours.

History of Protection in California

Back in 1996, California legalized the medicinal use of marijuana for its residents, but it did not provide protection for workers even if cannabis was consumed in the off hours of work. This was confirmed in 2008 by a court case that agreed that a disabled person who used medicinal marijuana was not protected by the state’s Fair Employment and Housing Act. In 2016, the state legalized the recreational use of marijuana but allowed employers to enact their own workplace policies regarding marijuana use and reasserted an employer’s right to maintain a drug and alcohol-free workplace.

Marijuana Use Protection

The new bill, AB 2188, would amend the California Fair Employment and Housing Act (FEHA) so that it would be unlawful for an employer to discriminate against a current employee or applicant that is old enough to consume marijuana who chooses to use it for recreational or medicinal purposes outside of work and away from the workplace. In addition, the proposed bill would specifically prevent discrimination if a current employee or job applicant fails a drug test that detects “nonpsychoactive cannabis metabolites in their urine, blood, hair, or bodily fluids.” The state assembly is currently reviewing the proposed bill. It must pass both houses in the legislature and be signed by the governor on or before September 30, 2022.

Limitations on the New Bill

The proposed bill in the California legislature does have limits on marijuana use. For example, the bill would not protect employees that are impaired by marijuana on the job or consume cannabis while working or on the worksite. Similarly, the bill cannot prevent an employer from maintaining a drug and alcohol-free workplace as specified by the state’s Health and Safety Code. AB 2188 also provides specific carve-outs for certain industries where marijuana use could be more dangerous or prohibited, including the following 

• Building and construction trades,
• Federal contractors,
• Federal funding recipients,
• Federal licensees, and others.

To learn more about how this bill, if passed, could impact your rights as a worker, talk to an experienced employment law attorney today.

Call or Contact a Lawyer Now

Workers’ rights and marijuana laws are an ever-evolving area of the law, so if you or someone that you know has questions about how the current laws may impact your employment a knowledgeable California employment law attorney is your option for legal guidance. To learn more, call or contact a lawyer in your area today