The California legislature passed Assembly Bill (AB) 2188, which prohibits employers from discriminating against a person in hiring, termination, or any term or condition of employment based on the individual's use of cannabis off the job and away from the workplace. This bill passed the Senate in late August, gave a concurrence vote in the Assembly, and was finally approved by California Governor Gavin Newsom on September 18th. Governor Newsom signed this bill to strengthen California’s cannabis law, expand the legal cannabis market, and redress the harms of cannabis prohibition. This law will take effect in January 2024.
Marijuana Laws In California
California was the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996. Medical marijuana refers to using marijuana to treat certain medical conditions, including:
- Easing pain
- Controlling nausea and vomiting
- Making a person feel like eating
- Relieving symptoms in people who have multiple sclerosis, Crohn's disease, inflammatory bowel disease, and epilepsy
Today, cannabis is legal in California for medicinal and adult recreational use. Recreational marijuana refers to marijuana that is grown and sold recreationally to adults over the age of 21. The cannabis industry is strictly regulated to ensure:
- Businesses operate safely
- Products are contaminant-free and labeled to inform purchasers
- Cannabis is kept away from children
Although California has made significant progress since the legalization of cannabis, local opposition, rigid bureaucracy, and federal prohibition continue to pose challenges to the industry and consumers.
Understanding AB 2188
Bill AB 2188 prevents employers from discriminating against an applicant or employee who fails a drug test that detects non-psychoactive cannabis metabolites in their urine, blood, hair, or bodily fluids. It’s vital for employers to understand the new law and what the test is evaluating at a high level. Tests that are currently available don’t accurately indicate a level of intoxication from marijuana as they would for alcohol. It can be challenging for employers to determine whether someone is impaired and when the substance might have been consumed when a test returns positive.
As an employer, you can begin implementing practices under the new law, including:
- Ensuring you have updated policies for drug testing
- Focusing on the person's conduct while performing their job duties to determine if they have reasonable suspicion
- Using the proper drug tests
How GMS Comes Into Play
With ever-changing rules and regulations, it’s vital as the business owner to stay up to date with changes. When you partner with GMS, our experts ensure you stay on top of the evolving legislation, so your business remains compliant with state laws. Although marijuana has been legal in California, implementing new rules and policies in the workplace can still be challenging. We work with you to create a simpler, safer, and stronger workplace for you and your employees. Contact us today to start your partnership with GMS.