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New California Law Prohibits Employers From Firing Or Not Hiring Workers For Using Marijuana Off The Clock

by RaquelHarris
September 20, 2022
Reading Time: 1 min read
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Voters Reject Legalizing Recreational Marijuana in Oklahoma

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A new law in California blocks employers from being able to fire their workers over their use of marijuana off the clock.

A little weed ain’t never hurt nobody, particularly if you’ve already clocked out for the day. And that’s what a new bill is arguing. On Sunday, Gavin Newsom signed off on new legislation prohibiting employers from discriminating against workers who smoke and consume marijuana. It would also stop employers from not hiring a potential candidate over their use of the plant.

The Los Angeles Times reports that companies can’t discriminate against employees who smoke weed “off the job and away from the workplace.” The news outlet reports the law would also ban employers from making decisions based on a drug test that finds “nonpsychoactive cannabis metabolites.”

“Urine tests are a highly offensive invasion of workers’ personal bodily privacy,” said Dale Gieringer, director of California’s NORML chapter, Los Angeles Times reports. “Workers should have the same right to use cannabis as to use other legal substances off the job.”

However, the law excludes those who perform building and construction jobs and employees who have to go through a federal background check. Drug tests will still exist in the state, but an employee will only be at risk if psychoactive drugs are found in their system.

The new law, which was named AB 2188 Anti-Cannabis Discrimination, will go into effect on Jan. 1, 2024.

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