Patrick Miller-Bartley
Thu, 12/21/2023
Two laws protecting marijuana users will come into effect in California in the new year. The first, AB 2188, prohibits employers from taking any adverse action against employees who have used marijuana off-the-job and away from the workplace, or who test positive for the presence of marijuana in their system in a way that indicates they have recently used marijuana, but were not under the influence at the time of the test. The second law, SB 700, prohibits employers from asking job applicants about past marijuana use, closing what some perceived as a loophole in AB 2188. This prohibition applies not just to recreational marijuana use, but to any criminal history relating to marijuana use as well.
Applicants and employees should note, however, that employers in the building and construction industry are exempt from these laws, and may continue to take actions against workers who use marijuana. The same is true of employers whose employees must be subject to federal background checks or receive federal clearances, or conditions placed on federal funding or contracts. As is often the case in the marijuana space, workers should be aware of how the federal government’s prohibition against recreational marijuana use undercuts or obfuscates state-level laws and protections. If you have questions or concerns about your workplace rights as they relate to marijuana use, or if your workplace has taken action against you due to that use, contact us now and speak with one of our experienced labor attorneys.
