California passes law protecting workers using cannabis off duty

According to the California Legislative Information, AB 2188, taking into effect in January 2024, will protect workers from any employment discrimination if such prejudice is based on the person’s use of cannabis off work or a failed drug test.

However, this is except for “pre-employment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids,” the government said.

Read more: California protecting workers’ rights to smoke weed at home

The bill also exempted specific employees from the rule on off-duty use of cannabis, including “employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified.”

Additionally, the bill’s provisions exclude occupations required by state or federal laws to have their job applicants and employees undergo drug testing for controlled substances as a term of employment which could include truck drivers regulated under the US Department of Transportation.

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