As part of a broader shift towards the normalization and destigmatization of cannabis use across the United States, California has taken a significant step in extending protections to employees who partake in the recreational use of cannabis.
On October 7, 2023, California Governor Gavin Newsom signed into law an amendment to the Fair Employment and Housing Act. According to JD Supra, this new provision renders it unlawful for employers to discriminate against potential and current employees based on their past use of cannabis.
This new regulation comes into effect on January 1, 2024. It prohibits employers from inquiring about previous cannabis use. The law extends to cover instances where employers might become aware of past use through an employee’s criminal history.
This amendment comes at a time when cannabis laws nationwide are undergoing transformation, and poses significant challenges and considerations for employers. Prior to this development, employers in California – in line with federal law – have historically been allowed to enact zero-tolerance policies towards cannabis use. The new law marks a dramatic shift in this stance.
It will be of utmost importance for employers to review their current practices and policies, particularly their drug-free workplace policies, to ensure they are in compliance with the updated Fair Employment and Housing Act. Non-compliance could lead to substantial legal repercussions.
This law represents a part of the ongoing conversation about workplace rights and responsibilities in respect to cannabis use, and indicates a growing trend among states to increase job protections for those who partake in legal, off-duty use. How other states and countries react to this trend will be a topic to closely follow in the coming years.