California Laws Come Into Effect Regarding Off-Duty Marijuana Use

Two new laws will take effect next year that restrict how employers may respond to worker off-duty cannabis use. One law will restrict employers' ability to ask about prior cannabis use in the hiring process, and the other will limit employer actions based on positive marijuana drug tests. Recall that last year, Governor Newsom signed AB 2188, which prohibits adverse action based on an individual's use of cannabis off the job and away from the workplace, and also prohibits adverse action based on a drug test that identifies only non-psychoactive cannabis metabolites in the applicant's hair, blood, urine, or other bodily fluids. The legislature gave a one-year ramp up before this law took effect, so this new prohibition will take effect on January 1, 2024.