San Francisco, known for its forward progress in the cannabis space, has done it again. Effective October 1, 2018, employers are prohibited from “inquiring about, requiring disclosure of, or basing employment decisions on convictions for decriminalized behavior, including the non-commercial use and cultivation of cannabis.” The ordinance restricts employers from asking questions about pot convictions and, instead, authorizes the City to impose penalties on employers who violate the ordinance. Some of the penalties include a private right of action for the victim and monetary payment.
As previously reported, Utah legalized medical marijuana this midterm through Proposition 2. Proposition 2 failed to include important provisions in its initiative, including what rights employers would have. However, Utah’s House of Representatives held a special legislative session whereby lawmakers changed Proposition 2 and adopted more restrictive provisions in what is being called the medical cannabis compromise. These restrictive provisions include employer protections.