California’s Governor has approved a law that prohibits employers from asking applicants about previous marijuana use.
Last month, lawmakers gave the final approval of the Cannabis Employment Protection Legislation and Gov. Gavin Newsom, a Democrat, signed the bill into law on Saturday.
Steven Bradford, the sponsor of the bill (D), said that requiring applicants to disclose their cannabis use could discourage them from applying.
The new law expands on the existing employment protections that were enacted during the last session, which prohibit employers from penalizing workers who use marijuana off-the-job in compliance with state laws.
The law text now in effect states that, with certain exceptions “it is illegal for an employer request information from a job applicant relating to their prior use of marijuana.”
In the law that was passed last year, it was illegal for employers to “discriminate against” a person when hiring, terminating, or imposing any condition or term of employment or penalizing them in other ways if they discriminated based on off-duty marijuana usage or drug tests which revealed cannabinoid metabolism.
Workers “in the construction and building trades” and those who require federal background checks or security clearances are exempt from the policy.
The provisions that have been extended take effect on January 1, 2024. This is also the date that the previous cannabis employment protections law, which Newsom signed in 2018, will take effect.
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The legalization of marijuana has prompted a national discussion on cannabis-related employment policies.
A new Michigan policy, for example, went into effect this month. It ended pre-employment drug tests for marijuana for the majority of government job applicants. However, it also gave people who had already been punished for positive THC test results an opportunity to get their sanction revoked retroactively.
In May, Washington State Governor passed a law protecting workers against employment discrimination due to their legal use of marijuana during the hiring process.
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.
The U.S. Department of Transportation has 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.
Certain federal employers would not be able to test the majority of job applicants for marijuana, under recent amendments proposed in large-scale spending bills by Congress.
Newsom, in California, vetoed on Saturday an act that would have legalized the possession of certain psychedelics. He called on legislators to send him a new bill next session, establishing guidelines for controlled therapeutic access to entheogens, and to also consider a “potential” framework for future decriminalization.
Separately, the governor signed legislation allowing doctors to prescribe certain currently illegal drugs such as psilocybin or MDMA immediately if they are federally rescheduled.
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The article California Governor signs bill blocking most employers from asking about past marijuana use during interview process first appeared on Marijuana Moment.
