2024 marks an important year for employees in California as new laws will go into effect to protect those who consume cannabis. This comes after years of progress and efforts towards cannabis reform in the state. These changes bring significant benefits to workers, ensuring their rights are protected when it comes to the off-duty use of cannabis.
An amendment to Assembly Bill No. 2188, known as California’s Fair Employment and Housing Act, specifically addresses discrimination against employees based on off-duty cannabis use. This means that employers can no longer terminate or penalize employees for using cannabis outside of work hours and away from the workplace.
The journey towards cannabis reform in California has been a long one. In 1996, the state became the first in the US to legalize medical marijuana with the passing of Proposition 215. It wasn’t until 2016 that recreational use was also legalized through Proposition 64.
Despite these changes, employees were still at risk of being discriminated against for their off-duty cannabis use. This was due to the lack of specific protections in place for employees who consume cannabis outside of work hours and away from the workplace.
However, with the amendment to AB 2188, this gap in protection will finally be addressed, providing much-needed relief for California workers. It’s a wonder why it took so long for these protections to be put into place, but the important thing is that they are finally being implemented.
AB 2188 Amendment For California Employees
Assembly Bill No. 2188, also known as California’s Fair Employment and Housing Act, has been amended to provide new protections for employees who choose to medicate with cannabis or use cannabis recreationally.
One of the main impacts of this amendment is that it prohibits employers from discriminating against employees based on their off-duty cannabis use. This means that an employee cannot be terminated, disciplined, or penalized in any way for using cannabis off the worksite and outside of work hours.
Employers are also no longer allowed to ask potential hires about their past cannabis use, and they cannot use evidence of past marijuana use against their employees.
However, it’s important to note that this amendment does not prevent employers from prohibiting on-the-clock cannabis use or impairment. This means that employees are still expected to adhere to workplace policies regarding drug use and impairment while on the job.
While AB 2188 provides important protections for California employees, there are some exemptions and limitations outlined in the amendment.
The new protections do not apply to employees who work in “the building and construction trades.” per the text.
This means that employees in this field may still be subject to drug testing and potential consequences for cannabis use, even outside of work.
Additionally, federal positions that require security clearances are also exempt from these protections. This is due to the fact that federal law still classifies marijuana as a Schedule I controlled substance, which can affect an individual’s eligibility for certain government positions.
Now, as 2024 is here, it’s important for California employees to be aware of the new protections that will go into effect regarding cannabis use. These changes signify a significant step towards fair and equal treatment for workers who choose to consume cannabis.
It’s also worth noting that many other states have already passed laws legalizing recreational use of cannabis, and it’s time for employment laws to catch up and reflect this change. Cannabis has also been proven to have medical benefits, and employees should have the same rights as they would for any other legal medication they may be taking.
Overall, the amendment to AB 2188 brings much-needed protections for off-duty cannabis use in California and marks a step towards greater acceptance of cannabis in both the workplace and society. As attitudes and laws continue to evolve, it’s important for California employees and employers alike to stay informed and adapt accordingly.
So, let us hope that this is not the only change we see in regard to cannabis reform in the workplace. The journey towards fair treatment and understanding of cannabis continues, and we must all do our part to support these positive changes.
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