Over the past few years, we have seen a progressive trend in the legislation related to the use of recreational marijuana across various United States jurisdictions. Of particular interest is California Assembly Bill (“AB”) 2188, which officially, and for the first time, provides protections for users of recreational marijuana within the employment context.
This groundbreaking bill is set to take effect on January 1, 2024, and it amends the Fair Employment and Housing Act (“FEHA”) by making it unlawful for an employer to discriminate against an applicant or employee for (1) the use of marijuana “off the job and away from the workplace” and (2) for an employer-required drug screening test that detects the presence of marijuana in the person’s system. This development was brought to light in a recent article by CDF Labor Law LLP, which you can access here.
While marijuana usage continues to be a controversial topic with varied stances, these legislative advancements in California present an essential turn in recognizing and protecting the rights of individuals who choose to use marijuana recreationally during non-working hours.
It’s essential for employers, HR professionals, and legal teams, especially those in California, to be aware of these changes and understand the implications for their current employment and screening policies. As the legislative landscape continues to adapt to changing societal norms and standards, staying attuned to these developments becomes ever more critical for large corporations and law firms to maintain compliance and uphold the rights and protections of their employees.
Looking forward, the effects of California Assembly Bill (“AB”) 2188 should be closely monitored as it might well set a milestone for future employment-related marijuana legislation both within and beyond California.