Assembly Bill 2188, signed by Gov. Gavin Newsom, prevents employees from setting conditions of employment based on cannabis use while they're away from work. It also prevents them from hiring or firing based on that.

However, there are exemptions to the law. Employers can test staff who work in construction or in positions that require a federal background investigation or clearance.

The law still prevents employees from using marijuana while at work, working while impaired, and being in possession of marijuana while on the job.

Newsom signed other similar bills into law. Senate Bill 1186 prevents local governments from banning deliveries of medical marijuana, while Assembly Bill 1706 will allow people to get old marijuana conviction records sealed or cleared.

The laws are expected to go into effect in 2024..

  • happybadger [he/him]
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    2 years ago

    However, there are exemptions to the law. Employers can test staff who work in construction or in positions that require a federal background investigation or clearance.

    If federal interaction is still disqualifying, I bet federal contracts are too. I've hesitated to get a job with the city here because they get grants from the feds which require following all federal laws, including cannabis where it's otherwise legal. A landscaper tested me because they serviced federal buildings and hospitals who required that everyone on-site and subcontracting for the facility be drug tested. My university drug tests employees because their research grants are federal even though we research cannabis for state-level dispensaries.

    • cawsby [he/him]
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      edit-2
      2 years ago

      Nah, that would mean all schools have to test and they already don't.

      It is only for those who have to get an FBI background check because one of the questions is about drug use even if you they don't test you.