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California Bill Could Prevent Employers From Asking About Cannabis Use

A new bill introduced in California could prevent employers from asking employees about their use of cannabis.

The bill – AB 2188 – aims to protect cannabis users from being discriminated against in their place of work for their use of cannabis outside of the workplace.

AB 2188 is an amendment to the state’s Fair Employment and Housing Act (FEHA).

Under the bill, employers would not be able to ask employees about their use of cannabis outside of work, discriminate against them, or discriminate due to “an employer-required drug screening test that finds the person to have nonpsychoactive cannabis metabolites in their system.”

Further discrimination includes not hiring a person due to cannabis use, terminating a person due to cannabis 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.”

However, there will be a numebr of exemptions to the bill, including employees in the building and construction trades, as well as those that require a federal background investigation or clearance.

If passed, the bill would come into effect from 1 January, 2024, with employers advised  to adapt drug testing policies for compliance with AB 2188 starting in 2024.

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