The California Senate approved a bill which would prevent employers from asking about previous marijuana use by job applicants.
The legislation of Sen. Steven Bradford, (D), passed the floor on Tuesday with a vote of 29-9, and was sent to the Assembly.
This would be a continuation of , which protects employees from being penalized for using cannabis as prescribed by state law.
The bill text states that it is illegal for an employer ask an applicant to provide information about their prior cannabis use.
The law that was enacted in the last year states that employers are prohibited from discriminating against an employee when it comes to hiring, terminating, or imposing any condition or term of employment or penalizing them if they do so because that person used marijuana off duty or a drug test revealed cannabinoid-metabolites.
Workers “in the construction and building trades” and those who require federal background checks or security clearances are exempt from the policy.
If the Bill, which is currently advancing in this session, is sent to the Governor and signed by him at the end of the session, it will take effect on January 1, 2024. This is also the date that the previous cannabis employment protection legislation signed by Gov. Gavin Newsom, a Democrat, signed the legislation last year.
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The legalization of marijuana has prompted a national discussion on cannabis-related employment policies.
Michigan officials recently proposed to end pre-employment marijuana drug testing in most government jobs, and also give people who have already been penalized for positive THC test an opportunity to get the sanction rescinded retroactively.
The governor of Washington State has signed into law a bill that protects workers against facing discrimination in the hiring process because of their legal use of marijuana.
Washington now joins Nevada in banning discrimination against applicants who test positive for marijuana. New York offers a broader range of employment protections to adults who use cannabis legally during non-working hours.
Four New Jersey officers are preparing a lawsuit against Jersey City for being terminated for testing positive for marijuana , despite being protected by the state’s cannabis-legalization law and the guidance of the state attorney general.
The U.S. Department of Transportation recently finalized a new rule that amends its drug-testing policy. This could have significant consequences for truckers and commercial drivers who use marijuana on the job.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has updated its employment policy to make it so applicants who’ve grown, manufactured or sold marijuana in compliance with state laws while serving in a “position of public responsibility” will no longer be automatically disqualified–whereas those who did so in violation of state cannabis policies won’t be considered.
Recently, the Secret Service relaxed its restrictions on marijuana use by potential agents.
Marijuana Moment obtained draft documents late last year that showed the federal Office of Personnel Management was proposing to replace several job application forms in a manner that would deal with past cannabis use much more leniently under current policy.
In 2021, the Biden administration implemented a policy that allows waivers for certain workers if they admit to previous marijuana use. However, certain legislators have called for further reform.
At a hearing on marijuana legalization last year, Rep. Jamie Raskin said that he planned to introduce a bill protecting federal employees from being denied clearances for marijuana.
The nation’s largest federal employee union adopted a resolution last year in support of marijuana’s legalization, and called for an stop to policies that penalize federal employees when they use cannabis responsibly in states where the drug is legal.
In 2021, the director of national Intelligence (DNI), said that federal employers should not reject security clearance applications based on past use. They should also use discretion with those who have cannabis in their stock portfolios.
According to a recent survey, 30 percent of people between 18 and 30 either refused to apply or withdrew their applications because of the strict marijuana policies that are required for security clearances.
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Martin Alonso is the photographer of this photo.
The article California Senate passes bill to stop employers from asking about past marijuana use first appeared on Marijuana Moment.
