New California Bill Protects Employees and Their Use of Cannabis

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As of August 30, 2022, the state of California passed Assembly Bill (AB) No. 2188 that prohibits employers to fire someone or decline a potential hire due to their off duty cannabis use. Though recreational use of cannabis has been legal in California since 2016, this is the first bill that has been passed in California relating to protecting employees and their use of cannabis. Still, according to Ogletree Deakins (https://www.jdsupra.com/legalnews/california-passes-bill-protecting-8155796/), even with this new bill being passed, employers can regulate whether employee’s use cannabis while on the job. Furthermore, the National Law Review explains how AB 2188 states that an employer cannot use a drug test to discriminate against an employee based on any cannabis substances in one’s system. Before this bill was passed, California workers could face consequences if they failed to pass an employee-required cannabis test. With AB 2188 being passed, this is a new start for cannabis users that worry about what may happen if their employers find an issue with their use of cannabis.

Although, the work is not completely done. According to the National Law Review, Governor Newsom has until September 30, 2022 to approve this bill. If Newsom does approve the bill then it will be taken into effect on January 1, 2024. California will then become the seventh state besides New York, Nevada, New Jersey, Connecticut, Montana, and Rhode Island to protect workers from any discrimination for their cannabis use when not on the job.