Cannabis in the Workplace - CA Employment Law Changes for 2023
With AB 2188, for the first time there will be employment discrimination protections regarding the lawful use of cannabis outside of the workplace. However, this law is not in effect until January 1, 2024, so employers in California have a little time to prepare.
However, there are existing laws that employers should be aware of when it comes to cannabis use and employees.
Under California law, employers are generally allowed to prohibit the use of cannabis in the workplace and can enforce drug-free workplace policies. Employers may also require employees to undergo drug testing and take action, up to and including termination, if an employee tests positive for cannabis.
However, employers must be careful not to discriminate against employees who use cannabis for medical reasons, as it is legal for medical use in California. Employers are required to provide reasonable accommodations to employees who use medical cannabis, unless doing so would create an undue hardship.
Additionally, California law prohibits employers from taking adverse action against employees who engage in lawful off-duty conduct, including using cannabis for recreational purposes, as long as it does not affect their job performance or violate the employer's drug-free workplace policy.
This article is for general information purposes and is not intended to be and should not be taken as legal advice.
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