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California and Washington State anti-discrimination protections for workers who use marijuana officially take effect

December 28, 2023 by Kyle Jaeger

As of Monday, workers who use marijuana according to state laws in California and Washington State are protected from losing their jobs.

California employers cannot ask job applicants if they have ever smoked marijuana. They also can’t penalize employees for using marijuana lawfully outside the workplace.

Washington State’s law will, on the other hand, protect workers against discrimination in hiring because of their legal use of cannabis.

The California Governor has signed all three bills. The three bills–signed by California Gov. Jay Inslee, respectively — take effect on Monday January 1.

One of California’s laws states that “it is illegal for an employer to ask an applicant for a job about the applicant’s previous use of cannabis.”

In the separate complementary law that Newsom signed 2022, it states that employers are prohibited from discriminating against employees in terms of hiring, termination or other conditions or terms.

Workers “in the construction and building trades” and those who require federal background checks or security clearances are exempt from the policy.

The Washington legislation only applies to job applicants. Inslee stated before signing the bill in May that employers could still maintain drug-free work environments or prohibit cannabis use by employees after they were hired.

The governor explained that the law was intended to “protect applicants from discrimination in hiring if they use cannabis legally outside of work.” He added that there were “exceptions” for specific industries.

In the aerospace and airline industries, for example, marijuana use can still lead to people being denied employment. The bill does not protect positions that are safety-sensitive or require background checks and security clearances.

The legalization of marijuana has prompted a national discussion on cannabis-related employment policies.

Marijuana Moment tracks more than 1,000 cannabis and drug policy bills that have been introduced in state legislatures, and Congress. Patreon supporters who pledge at least $25/month gain access to our interactive charts, maps and hearing calendar.

Discover more about our marijuana bills tracker. Become a Patreon supporter to gain access.

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Cleveland Mayor Justin M. Bibb announced that his city had “modernized” their drug testing policies for candidates for city jobs . This included eliminating “antiquated terminology around pre-employment cannabis testing that previously hindered hiring attempts.”

In July, a Washington, D.C., law came into effect that prohibits private employers from firing employees or punishing them for marijuana use outside of work hours.

Michigan officials approved changes in the state’s Employment Policy during the summer. This means that applicants for most government positions will no longer have to undergo pre-employment drug tests for marijuana.

New York offers greater protections in the workplace for adults who use cannabis legally during non-working hours and away from their jobs.


A Canadian study shows that high school students say marijuana is harder to access after legalization for adults

The post California and Washington State Anti-Discrimination Protections For Workers Who Use Marijuana Take Official Effect first appeared on Marijuana Moment.

Kyle Jaeger
Author: Kyle Jaeger

About Kyle Jaeger

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