California

California employers will soon be barred from testing employees for marijuana use

Marijuana grows at the Ohana Gardens Collective, a medical cannabis cultivation and delivery business, in 2017.
Marijuana grows at the Ohana Gardens Collective, a medical cannabis cultivation and delivery business, in 2017. Sacramento Bee file

California employers will soon be banned from screening workers for marijuana use in most circumstances, under a new law signed by Gov. Gavin Newsom.

Assembly Bill 2188, by Assemblyman Bill Quirk, D-Hayward, prohibits employers from discriminating in hiring, firing or setting conditions of employment based on cannabis use off the job and away from the work place. It specifically bars employers from testing hair, blood, urine or other bodily fluids, though exceptions are made for employees in the building and construction trades or positions requiring a federal background investigation or clearance.

The new law goes into effect Jan. 1, 2024.

“I am happy to say my bill AB 2188 was signed by the @CAgovernor yesterday. Thank you to the advocates and sponsors for your continued support. I applaud the Governor for his commitment to redress the harms of cannabis prohibition. This reform is long overdue,” Quirk tweeted Monday morning.

AB 2188 was one of a package of cannabis-related bills signed by Newsom over the weekend.

The governor also signed Senate Bill 1186, by Sen. Scott Wiener, D-San Francisco, which prevents local governments from banning medicinal cannabis delivery.

Others include Senate Bill 1326, by Sen. Anna Caballero, D-Merced, to create a process for California to enter into agreements with other states to allow cannabis transactions with entities outside of the state. Assembly Bill 1706, by Assemblywoman Mia Bonta, D-Oakland, is intended to help Californians get old cannabis-related conviction records sealed.

“For too many Californians, the promise of cannabis legalization remains out of reach,” Newsom said in a statement. “These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry. I look forward to partnering with the Legislature and policymakers to fully realize cannabis legalization in communities across California.”

This story was originally published September 19, 2022 at 10:41 AM with the headline "California employers will soon be barred from testing employees for marijuana use."

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