California Assembly approved a bill passed by the Senate that prohibits employers from asking about marijuana use in prior employment.
The full chamber voted 59-8 on Wednesday, about two weeks after the Assembly Appropriations Committee approved the bill from Sen. Steven Bradford. The bill now goes back to the Senate to get approval on the minor revisions before it could be sent to the Governor’s desk.
The question of past marijuana use by employers can discourage candidates from applying to these positions, but it also creates situations where individuals lie to obtain a job. This was the statement made on the floor before the last vote by Assemblymember Ash Kalra.
The bill would expand on the existing employment protections that were enacted during the last session, which prohibit employers from penalizing workers who use cannabis off-the-job in compliance with state laws.
The bill text states that, with certain exceptions “it is illegal for an employer ask an applicant for a job for information about the applicant’s previous use of cannabis.”
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 if 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 measure were to be enacted in its final form, it would go into effect on January 1, 2024. This is also the date that the previous cannabis employment protections law 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, for example, have proposed to end pre-employment drug tests for marijuana in most government jobs, and also give people who have already been punished for positive THC test an opportunity to get the sanction retroactively lifted.
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 admitting 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.
Another cannabis bill will be sent to the Governor in California after a final Assembly voting on Monday. This measure would allow dispensaries to sell non-cannabis foods and beverages at their locations if they received local approval.
The legislature also sent a bill last week to the governor that would allow adults to possess and cultivate small amounts of certain psychoactives. The bill would establish a work group that would explore possible regulatory models for accessing the substances to facilitate and therapeutic use.
California Bill to End Single-Use plastic Tag Requirement for Marijuana plants Heads to the Governor
Martin Alonso is the photographer of this photo.
The article California Assembly approves Senate-passed bill to stop employers from asking about past marijuana use first appeared on Marijuana Moment.
