California has recently passed a law, AB 2188, which prohibits employers from discriminating against applicants or employees for off-the-job use of marijuana and for having nonpsychoactive cannabis metabolites in their system during an employer-required drug screening test.
Starting from January 1, 2024, employers in California are no longer allowed to use tests that detect non-psychoactive cannabis metabolites as a basis for pre-employment drug screening or for disciplining or terminating an employee. The intent of employment-related drug testing is to identify impairment on the job, not to detect long-term marijuana use.
It is important to note that this law does not protect employees who are currently impaired from marijuana use or who have the psychoactive chemical compounds of marijuana in their system. Employers can still discipline or terminate employees based on test results that show present impairment or the presence of psychoactive chemicals.
Starting from January 1, 2024, employers in California are no longer allowed to use tests that detect non-psychoactive cannabis metabolites as a basis for pre-employment drug screening or for disciplining or terminating an employee. The intent of employment-related drug testing is to identify impairment on the job, not to detect long-term marijuana use.
It is important to note that this law does not protect employees who are currently impaired from marijuana use or who have the psychoactive chemical compounds of marijuana in their system. Employers can still discipline or terminate employees based on test results that show present impairment or the presence of psychoactive chemicals.
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