Jan. 4, 2023
AB 2188 protects employee off-duty, offsite cannabis use
Though state law has changed, marijuana remains a controlled substance prohibited by federal law. Marijuana also remains a designated controlled substance prohibited by some states' laws.
Wendy M. Lazerson
Partner
Sidley Austin LLP
1001 Page Mill Road
Palo Alto , CA 94304
Email: wlazerson@sidley.com
Union University, Albany Law School
Katherine A. Roberts
Sidley Austin LLPPhone: (213) 896-6000
Email: kate.roberts@sidley.com
Univ of Wisconsin Law School; Madison WI
On Sept. 18, Gov. Gavin Newsom signed into law Assembly Bill 2188 (AB 2188), which generally prohibits covered employers from discriminating against workers for using cannabis during their off-work hours, if such use is offsite and does not impair the individual(s) work performance. The law will take effect Jan. 1, 2024.
Specifically, AB 2188 amends the Fair Employment and Housing Act (FEHA) and prohibits employers from discriminating aga...
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