New Year Brings Employment Protections for California Cannabis Users

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California workers who use cannabis will gain new employment protections under two laws that go into effect beginning on January 1. The law does not prevent employers from using other drug tests for cannabis use, including blood or saliva tests. The bill also applies to job applicants, who cannot be denied employment based on the results of such drug screenings. The measure also exempts workers and job applicants for positions that require a federal background check or security clearance. Under Assembly Bill 2188 (AB 2188), which was signed into law by California Governor Gavin Newsom in 2022, employers will no longer be able to fire or discipline employees who test positive for cannabis in a urine or hair test.

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California workers who use cannabis will gain new employment protections under two laws that go into effect beginning on January 1. Under legislation passed by the California legislature last year, employers will be barred from discriminating against workers who test positive for cannabis in some drug screenings, while a separate measure passed in 2023 prohibits employers from asking employees or job candidates about their off-duty use of marijuana.

Under Assembly Bill 2188 (AB 2188), which was signed into law by California Governor Gavin Newsom in 2022,...

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