01 Dec 2023

Cannabis in the Workplace: 2024 Employment Law Updates

On January 1, 2024, AB2188 will take effect, preventing employers from discriminating against an employee or applicant due to their off-the-job use of cannabis. Employers retain the ability to conduct pre-employment drug testing and reject a candidate based on a valid screening specifically targeting psychoactive cannabis metabolites. Certain exemptions exist, including federal contractors and individuals in the construction and building trades.

Furthermore, SB700 prohibits employers from inquiring about cannabis use during job applications or interviews. Unless your company falls under the Fair Chance Act, you are not allowed to consider information about an applicant’s cannabis use from their criminal history. It’s important to note that this law does not extend to federal contractors.