Labor/Employment,
Cannabis
Aug. 18, 2023
Get ready for new, and unequally applied cannabis-testing changes at the workplace
Under a new law that will go into effect Jan. 1, if a job applicant tests positive for the presence of psychoactive THC, the law provides them no protection when it comes to hiring. However, the same is not true with respect to current employees. A current employee’s “use of cannabis off the job and away from the workplace” is affected only by possession, impairment or use on the job.
Ronald J. Scholar
Partner
Cole Huber LLP
Email: rscholar@colehuber.com
Santa Clara Univ SOL; Santa Clara CA
If you have not already done so, it is time to update your policy manuals when it comes to cannabis testing in the workplace because the testing landscape is in for some big changes. Signed into law on Sept. 18, 2022, but not made effective until Jan. 1, 2024, Assembly Bill 2188 makes substantial changes to the California Fair Employment and Housing Act by prohibiting employers from discriminating against potential employees and employees who test positive for the pr...
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