California lawmakers sent the Governor a bill which would prevent employers from asking about marijuana use by job applicants.
The Assembly had passed a modified version of Senate Bill the day before, and the original chamber approved the changes on Thursday with a 30-8 vote. The bill now goes to Gov. Gavin Newsom (D).
When employers ask about previous marijuana use, “it not only discourages candidates from applying for positions but can also lead to situations where individuals lie to get a job,” Ash Kalra said on the floor of the Assembly earlier this week.
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 protection legislation Newsom signed last summer went into effect.
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.
—
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 broader 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 that admit to previous marijuana use. However, certain legislators have called for further reform.
A series of amendments to large congressional spending bills proposed recently would allow certain federal employers not to test the majority of job applicants for marijuana.
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.
White House Promotes Biden’s Marijuana Moves As Part Of ‘Fight For Our Freedom’ Campaign To ‘Mobilize Young People’
Martin Alonso is the photographer of this photo.
The post California employers could not ask about past marijuana use under bill sent to Governor’s desk first appeared on Marijuana Moment.
