Introduction
In the ever-evolving landscape of cannabis legislation, California has once again taken a pioneering step. The state’s new laws, coming into effect in 2024, offer robust protection for employees using cannabis outside their workplace. This marks a significant shift in the balance of employee rights and workplace regulations.
Understanding the Legal Changes
Two new legislative acts, Assembly Bill 2188 and Senate Bill 700, are at the heart of this transformation. Signed by Governor Gavin Newsom, these bills collectively change the game for cannabis users in the workforce. Assembly Bill 2188, signed in 2022, restricts employers from using hair or urine tests for marijuana in employment decisions. These tests, which can detect cannabis traces long after use, are no longer a factor in hiring or firing decisions.
Implications for Employers and Employees
The repercussions for California’s business landscape are profound. The National Federation of Independent Business has listed these changes among the top compliance challenges for small businesses in 2024. While the California Chamber of Commerce initially opposed AB 2188, revisions led to the removal of its “job killer” label. Yet, the Chamber maintains concerns about workplace safety and employers’ rights to enforce disciplinary measures against impairment at work.
Exceptions and Limitations
Notably, the laws carve out exceptions. Construction workers and federal job applicants with required background checks remain subject to previous testing standards. Moreover, while AB 2188 prohibits specific testing methods, it doesn’t impede employers from using alternative means, like blood tests, to assess impairment.
Rights and Responsibilities
SB 700 further clarifies these regulations by amending the state’s Fair Employment and Housing Act. It specifically bars employers from inquiring about an applicant’s prior cannabis use. Additionally, while employers can review an applicant’s criminal history, they cannot discriminate based on past cannabis-related offenses, barring specific legal exceptions.
Context and Historical Perspective
California’s journey with cannabis legalization is long-standing. It became the first state to legalize medicinal marijuana in 1996 and approved recreational use in 2016. With 24 states and Washington, D.C., now recognizing recreational marijuana use, California’s new laws could signal a broader trend towards redefining workplace norms around cannabis.
Conclusion
As we step into 2024, California’s progressive stance on cannabis use and employee rights sets a new precedent. This shift is not just a regional change but a signal of evolving attitudes towards cannabis nationwide. Employers and employees alike must navigate this new terrain with a clear understanding of their rights and responsibilities.
