As of Jan. 1, employers in the state of California cannot discriminate against employees or job candidates for using cannabis while off the clock and away from work.
Assembly Bill 2188 (AB 2188) makes it illegal for employers to discriminate against someone for the use of cannabis while away from their place of employment. This means individuals can no longer be fired for using marijuana for recreational and medicinal purposes in their leisure time away from work.
“As long as we are at work doing what is supposed to do and we are representing ourselves in a good way then what we do in our personal life is none of their business,” said Veronica Ramirez, a senior geography major at Fresno State.
AB 2188 was passed by the California State Assembly in May 2022, passed by the State Senate in August 2022 and was signed into effect by Gov. Gavin Newsom in September of the same year.
“This bill, on and after January 1, 2024, would also make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace,” the bill says.
The bill was written by former California District 20 Assemblyman Bill Quirk of Hayward, and co-written by Assemblyman Reginald Byron Jones-Sawyer, who represents the state’s 57th District which encompasses parts of Los Angeles.
“I personally feel that employers should not fire their employees for cannabis use outside of work because keeping work life and personal life separate,” Ramirez said.
California employers can still drug test job candidates and employees, but unless the person is inebriated while taking the test, it is now against the law to punish them for having tetrahydrocannabinol (THC) in their system.
Bella Rosa, a freshman criminology major at Fresno State, told The Collegian her thoughts on the new law.
“I agree with it…obviously, it is not right to smoke while you’re there, while you’re on the shift. So this is why I agree with it and also because most people get prescribed weed and that is all good,” Rosa said.
Similar to being drunk at work, employers can still fire you for being under the influence of marijuana and for having marijuana in possession at work because California employers have the right to have drug and alcohol free workplace policies.
However, applicants for jobs or workers in the building industry are not protected under AB 2188. It also excludes occupations where employment requires a background investigation by the federal government.
Last October, Newsom signed Senate Bill 700 (SB 700) into law, which made it illegal for employers in the state of California to ask job applicants about prior cannabis use.
“This bill would make it unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis, as specified,” SB 700 says. “Under the bill, information about a person’s prior cannabis use obtained from the person’s criminal history would be exempt from the above-described existing law and bill provisions relating to prior cannabis use if the employer is permitted to consider or inquire about that information under a specified provision of the California Fair Employment and Housing Act or other state or federal law.“
