Effective Jan. 1, 2024, it will be unlawful for employers to discriminate against a person in hiring, termination, any term or condition of employment, or otherwise penalize a person for the use of cannabis off the job and away from the workplace (with certain exceptions) or an employer-required drug screening test that finds the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids. AB 2188, as approved by the California governor, does not require employers to permit an employee to possess, be impaired by, or use cannabis at work, and it does not affect the rights or obligations of an employer to maintain a drug and alcohol-free workplace.
