New Cannabis Use Protection for California Workers

New Cannabis Use Protection for California Workers

Effective January 1, 2024, California employees have the right to use cannabis when they are not working. The new law prohibits employers from discriminating against a person in hiring, termination, or any other term or condition of employment, or from otherwise penalizing a person based on the person’s use of cannabis when they are off the job and away from the workplace. It will also be unlawful for employers to drug-screen test for non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. That said, employees are still not permitted to possess, be impaired by, or use cannabis while on the job. Since there is no definition of what constitutes impairment in the law, this is likely to be a hotbed of dispute in cases alleging wrongful termination.