| PHARMACISTS' CANNABIS COALITION OF CALIFORNIA |
California Assembly Bill 2188
Discrimination in Employment: Use of Cannabis
Approved 9/18/2022
Operative date: 1/1/2024
AB 2188 prohibits employment discrimination on the basis of a person's use of cannabis off the job and away from the workplace
THE FACTS The intent of drug tests is to identify employees who are impaired THC is metabolized and stored as a non psychoactive metabolite after consumption and only indicate cannabis consumption within the last few weeks Historically, cannabis drug screening relied on the testing of non psychoactive metabolites in urine, hair, or blood | AB 2188
Employers may not discriminate on any term of employment based on the use of cannabis by the employee while away from the job | THE FINE PRINT Employers may not use testing methods that utilize non psychoactive cannabis metabolites as a condition for employment Employees may not possess, use, or be impaired by cannabis while on the job Employers have the right to maintain a Drug Free Workplace This bill does NOT apply to employees in building and construction businesses This bill does NOT apply to federal employees This bill does NOT apply to pre-employment drug screening that utilizes tests other than for non psychoactive cannabis metabolites |
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