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NEW RULES RE: MARIJUANA IN THE WORKPLACE AB 2188

by | Nov 28, 2023 | Firm News |

Bill Was Passed in 2022 -Effective January 1, 2024

Prohibits most California employers:

  • From engaging in any adverse action against virtually all employees for off-duty marijuana use.
  • From engaging in any adverse action against virtually any employee due to results from a drug screening test that finds the person to have nonpsychoactive cannabis metabolites in their system which do not demonstrate on-duty use or impairment.
  • Essentially prohibits pre-employment screening for marijuana.

Note: There is no test for impairment, but the oral fluid test is the best screening method for reasonable suspicion/post accident testing.