There are several marijuana-related regulations in California, one of which prevents companies from disciplining staff members who consume cannabis outside of the workplace.
Assembly Bill 2188 (AB-2188), which concerns how an employer might test workers or prospective workers for marijuana, was signed by Governor Gavin Newsom in September. It merely relates to marijuana; it doesn’t apply to any additional drug use.
Angela Reddock-Wright, an employment lawyer, discussed AB-2188’s specifics with Eyewitness News.
ABC7: What specifically does AB-2188 achieve?
Reddock-Wright: “It simply forbids workers from separating against workers for their not-on-duty consumption of cannabis, regardless of whether it be considered for medical or recreational purposes, and it additionally stops and avoids workers from firing, separating, or controlling anybody when in a drug test they discover that the worker has what researchers call “non-psychoactive” evidence of cannabis or THC in the blood system or within their urinary system,” says Reddock-Wright.
ABC7: Could a worker be dismissed for failing to pass a drug test that results in a positive THC result? Are California businesses still permitted to conduct marijuana drug tests?
Reddock-Wright: “Workers in California are still permitted to conduct what we refer to as ‘pre-testing’ for cannabis along with additional drugs; yet, the presence of ‘non-psychoactive’ residues of THC or other drugs in that pre-test is not sufficient reason for refusing to hire a candidate.
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