Governor Signs Legislation Making Cannabis Users a Protected Class of Employee

Governor Newsom has recently signed AB 2188, which prohibits employers from discriminating in hiring, firing or setting conditions of employment based upon a person’s use of cannabis away from the workplace; or, an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

Please note that, due to the extremely dangerous conditions presented on construction projects and long-standing contractual requirements our contractors must adhere to relating to drug free workplaces, we were successful in securing a broad exemption for the construction industry to this new law.

Simply, the measure contains language stating that the law “does not apply to an employee in the building and construction trades.”

In addition, all employers can still refuse to hire an applicant based on a scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites. These alternative tests include impairment tests, which measure a person against their own baseline performance, and tests that identify the presence of active tetrahydrocannabinol (THC) in an individual’s bodily fluids. THC is the chemical compound in cannabis that causes impairment. After THC is metabolized, it is stored in the body as non-psychoactive cannabis metabolites, which do not indicate impairment, only that an individual has consumed cannabis recently.

The bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding, or entering into a federal contract.

Finally, the bill does not permit an employee to possess, be impaired, or use cannabis on the job, nor does it affect the rights or obligations of an employer to maintain a drug and alcohol free workplace.

AB 2188 takes effect on January 1, 2024.

Recent Posts

WPCCA Intermediate Excel Course – Part 4

Join us for part 4 of our Intermediate Excel Course taught by Microsoft Certified Master Instructor, Rob Mendell. In this session, attendees will explore Dates, Times, master Custom Cell Formats, and delve into more Conditional Formatting. They will learn to…

June 3, 2024

WPCCA Intermediate Excel Course – Part 3

Join us for part 3 of our Intermediate Excel Course taught by Microsoft Certified Master Instructor, Rob Mendell. This session will cover creative spreadsheet elements like Text Boxes and Comments to advanced grid navigation such as Freezing, hiding and Splitting….

June 3, 2024

WPCCA Intermediate Excel Course – Part 2

Join us for part 2 of our Intermediate Excel Course taught by Microsoft Certified Master Instructor, Rob Mendell. In this session, Rob will dive deeper into the intricacies of protectings cells and mastering conditional formatting. From count functions to round…

June 3, 2024

WPCCA Intermediate Excel Course – Part 1

Join us for part 1 of our Intermediate Excel Course taught by Microsoft Certified Master Instructor, Rob Mendell. This session will provide a comprehensive review of Excel’s essential data manipulation tools and logical functions. From basic operations like Subtotal and…

June 3, 2024

WPCCA Microsoft Outlook Level 2 Course: Part 2

Join us for part 2 of our Microsoft Outlook Level 2 Course. In this session, Microsoft Master Instructor, JoLynn Rihn, will cover organization techniques such as categorizing items and managing junk mail effectively. Participants will have the opportunity to hone…

May 17, 2024
MORE STORIES