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New CA Bill, if Approved, Will Protect an Employee’s Use of Marijuana Off-the-Clock

This year, there are several California Assembly Bills before Governor Newsom waiting for his signature that will directly impact Employers.  One of these bills on Governor Newsom’s desk is Assembly Bill 2188.  This bill would make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace.  Cannabis can stay in a person’s body up to 30 days after use, sometimes longer.  As a result, the use of Cannabis during non-working hours and the impact on the job is what this bill is trying to address.

There of course are exceptions, including preemployment drug screening, as specified, or upon an employer-required drug screening test. This bill would also exempt certain applicants and employees from the bill’s requirements, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance.

Governor Newsom has until September 30, 2022 to sign or veto this bill, amongst others.  Stay up to date on the latest employment updates by subscribing to Chauvel & Glatt’s Employment Updates.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice.  For information on your particular circumstances, please contact  Chauvel & Glatt at 650-573-9500 for legal assistance near you.


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