California has passed a new law that prohibits employers from discriminating against workers who use cannabis during their personal time. The law, which will take effect on January 1, 2024, aims to protect the rights and privacy of cannabis consumers in the state.
What Does the Law Say?
The law, known as AB 1256, was authored by Assemblymember Bill Quirk and sponsored by the California chapter of the National Organization for the Reform of Marijuana Laws (NORML). It states that an employer cannot refuse to hire, terminate, or take any adverse action against an employee or applicant based on a positive test for cannabis, unless the job requires federal drug testing or the employee is impaired at work.
The law also clarifies that an employer can still maintain a drug-free workplace policy and discipline employees who are impaired by cannabis or any other substance while performing their job duties. However, the employer cannot rely solely on a positive test for cannabis as evidence of impairment, since such tests do not measure the actual level of intoxication or impairment.
The law applies to both medical and recreational cannabis users, as long as they are 21 years or older and consume cannabis in compliance with state law.
Why Is the Law Needed?
According to the proponents of the law, the current drug testing policies are outdated and unfair to cannabis users, especially in a state where cannabis is legal for both medical and recreational purposes. They argue that cannabis users should not be punished for their off-duty activities that do not affect their job performance or safety.
They also point out that cannabis can stay in a person’s system for days or weeks after consumption, depending on various factors such as frequency of use, metabolism, body fat, and dosage. Therefore, a positive test for cannabis does not necessarily indicate that a person is impaired at the time of testing or at work.
Moreover, they claim that the law will benefit both employers and employees, as it will reduce the costs and risks of unnecessary drug testing, litigation, and turnover. It will also create a more inclusive and diverse workforce that respects the personal choices and medical needs of cannabis users.
How Will the Law Affect the Cannabis Industry and Consumers?
The law is expected to have a positive impact on the cannabis industry and consumers in California, as it will provide more protection and security for cannabis users who work in various sectors and professions. It will also encourage more people to use cannabis legally and responsibly, without fear of losing their jobs or facing discrimination.
The law will also help the cannabis industry grow and thrive, as it will attract more talent and customers who value their cannabis rights and privacy. It will also reduce the stigma and misinformation surrounding cannabis use and promote a more accurate and balanced view of cannabis and its effects.
The law is also seen as a model for other states and countries that have legalized or are considering legalizing cannabis, as it shows that cannabis legalization can coexist with workplace safety and productivity.
What Are the Challenges and Limitations of the Law?
The law is not without its challenges and limitations, as it may face some opposition and resistance from some employers, lawmakers, and anti-cannabis groups. Some of them may argue that the law is too lenient and permissive, and that it will compromise the safety and quality of work in certain industries and occupations. They may also question the validity and reliability of the methods and criteria used to determine impairment by cannabis or other substances.
The law also does not apply to federal employees or contractors, or to employees who are subject to federal drug testing regulations, such as those who work in transportation, aviation, defense, or health care. Therefore, cannabis users who work in these fields may still face discrimination and termination based on a positive test for cannabis, regardless of their state law.
The law also does not prevent employers from conducting random or pre-employment drug testing for cannabis or other substances, as long as they do not use the results to discriminate against cannabis users. Therefore, cannabis users may still have to undergo drug testing and disclose their cannabis use to their employers, which may violate their privacy and dignity.
