Cannabis Use Outside of Work

While not effective until January 1, 2024, a new law makes it unlawful for an employer to discriminate against a person in hiring, or to take adverse action against the employee based on (1) an employee's use of cannabis off the job and away from the workplace, or (2) a drug-screening test that found the employee to have non-psychoactive “cannabis metabolites” in their hair, blood, urine, or other bodily fluids. The law still allows adverse action (eg, termination) based on THC-positive testing, and it does not permit an employee to possess, be impaired, or to use cannabis on the job. The new law does not apply to an employee in the building and construction trades or interfere with specified employer rights to maintain a drug and alcohol-free workplace.

For more information on this topic, please feel free to call Christopher Taylor, Esq. at (626) 219-6008.