With the arrival of 2024, two new laws are now in effect that significantly impact how employers can handle cannabis use. Let's break down what Assembly Bill 2188 (AB 2188) and Senate Bill 700 (SB 700) mean for California workers.
Off-Duty Use, Off-Limits to Discrimination (AB 2188)
This law amends the California Fair Employment and Housing Act (FEHA) to protect employees from being discriminated against for consuming cannabis outside of work hours and off company property. This means employers can't fire, demote, or take any other adverse action against you because you use cannabis legally in your free time.
It's Important to Note There Are Exceptions
AB 2188 offers some exceptions. Employers in certain safety-sensitive positions, like those in the building and construction trades, can still have cannabis-free policies. Additionally, employers can still maintain a drug-free workplace and take action against employees who show up to work impaired by cannabis.
No More Prying About Your Past (SB 700)
Looking for a new job? SB 700 prohibits potential employers from asking you about your past cannabis use during the application process. They're also restricted from using criminal history information about past cannabis use against you, unless it falls under specific legal exceptions.
The Bottom Line: Cannabis Freedom with Responsibility
These new laws are a win for cannabis users in California, offering greater protections for responsible off-duty consumption. Remember, employers can still enforce a zero-tolerance policy for on-the-job use or impairment.
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