Labor & Employment Law from Hanson Bridgett LLP

Governor Newsom has signed AB 21881 into law that will create anti-discrimination protections for individuals that use cannabis while off duty and away from the workplace, with exceptions for certain industries, such as building, construction and those subject to federal drug testing regulations.

Importantly, AB 2188 will not permit employees to possess, to be impaired by, or to use, cannabis on the job, nor will it affect the rights or obligations of an employer to maintain a drug-and alcohol-free workplace. Rather, the new law will prevent employers from punishing employees or refusing to hire applicants based on off-duty cannabis use, or for failing a drug test that found the person to have nonpsychoactive cannabis metabolites in their system.

While AB 2188 does not go into effect until January 1, 2024, California employers will want to use the next 15 months to ensure their drug testing processes and drug-and-alcohol policies comply with the new provisions of AB 2188. Here are some things California employers should know and consider as they prepare for this new law.
 

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