The decriminalization of marijuana in California means that workers and employers have to think carefully about how it can affect drug-free workplace policies. The state provided some clarification on that subject in Jan. 2024 with Assembly Bill 2188. This bill prohibits the majority of employers in the state from penalizing workers who use marijuana when they aren’t at work.
When Governor Gavin Newsom signed the bill into law, employers had to establish new policies about drug testing. One important point in the bill is that employers can’t take adverse employment actions based on tests that detect non-psychoactive cannabis metabolites. Instead, they have to rely solely on tests that only detect active THC, which can indicate recent use and possible impairment.
Some industries, jobs and employers are exempt
There are several industries, jobs and employers that are exempt from the restrictions in this bill. For example, industries that require federally mandated drug testing, such as defense, transportation and aerospace, can still use information from drug testing to take adverse employment actions.
Exemptions are also present for people who hold safety-sensitive positions. This includes anyone who uses heavy machinery, as well as those who have to make critical decisions and individuals who are responsible for public safety.
Despite the protections the law provides, employees are still expected to behave in a safe way. The law doesn’t protect workers from facing adverse employment actions if they report to work impaired by cannabis or any other substance. This law is just one example of how the legal landscape surrounding cannabis changes, so anyone involved in the industry should ensure they stay abreast of the changes.