The legal landscape for cannabis use in California has shifted dramatically in recent years. Employers have traditionally retained broad authority to discipline or terminate employees who test positive for marijuana—even if used lawfully off the job, however, that changed with the passage of Assembly Bill 2188 (AB 2188), and Senate Bill 700 (SB 700). Together, these laws limit how employers may use cannabis-related information in hiring and disciplinary decisions, signaling a major policy shift in favor of employee protections.
These new bills prohibit most employers from discriminating against employees or job applicants based on:
- Their use of cannabis off the job and away from the workplace, or the results of a drug test that detects non-psychoactive cannabis metabolites.
- Prohibits employers from requesting information about prior cannabis use from applicants.
- Bans the use of cannabis-related criminal history when such information would otherwise be legally restricted.
With AB 2188 and SB 700, California has become one of the most employee-protective states when it comes to cannabis use. By aligning workplace policies with these legal developments, employers can reduce their risk of liability, protect employee privacy, and continue to foster compliant work environments.
If you have any questions about cannabis use and employment discrimination in California, please contact us at info@mnklawyers.com.