The 2024 California Law on Marijuana Testing of Employees and Job Applicants (AB 2188)

Laws about work are constantly changing in California. Laws regarding marijuana testing at work are no exception. California passed Assembly Bill 2188 (AB 2188) on 8/30/22, bringing some important changes regarding how employers can test employees or job applicants for marijuana use and how they treat positive test results. In this blog post, we’ll break down the legal changes in AB 2188 and what it means for workers in California as the law takes effect in 2024.

AB 2188 made several major changes to work laws in California. One big change is employer testing of workers and job applicants for marijuana use, given that recreational use of marijuana was made legal in California in 2018 (Prop 64).

AB 2188 now prohibits employers from requiring tests for marijuana use for job applicants or randomly while employees are working. As usual, there are some exceptions, such as some positions in the building and construction trades or positions where federal government background investigation or security clearance is required.

Getting Fired for Marijuana Tests

With AB 2188, employers can no longer fire, penalize or otherwise discriminate against workers or refuse to hire job applicants because of marijuana use occurring outside of work and away from the workplace. Such actions would be considered illegal unless the employer could prove that any alleged cannabis use did or would impair the employee’s work performance.

Talk to a California Work Lawyer

It is important to note that AB 2188 does have limits and contains certain exceptions. When in doubt about your situation, consider talking with a California labor lawyer.

In the end, Assembly Bill 2188 in California brings big changes to marijuana testing at work and how people can be treated if they use marijuana. It’s good news for workers and job seekers, and it’s important for employees to understand these new rules for a fair workplace. To get personal help with how AB 2188 affects you, reach out to a skilled California labor lawyer. Your rights are protected, and the law is here to keep a fair balance when it comes to marijuana use outside of work.

5 Comments

  1. Dave S on March 12, 2024 at 5:55 pm

    As a non-sworn employee for a sheriff’s office in California, will I be fired if I use CBD or THC after hours? Our sheriff has not given his official email about this issue so far. But, my supervisors have said for me to not attempt it, or it could lead to dismissal.

  2. Michael Grimm on January 16, 2024 at 2:46 am

    Big box retail company with branches in California required drug testing previously, is this now illegal?

  3. DJ on January 10, 2024 at 7:48 pm

    Can I be fired for a positive THC urine test from AMR in California? The test was done over an accusation about alcohol. Only substance found was THC. What are my options?

  4. David s Benson on January 1, 2024 at 7:15 pm

    how will they be able to determine active thc or inactive thc so if i smoke some weed the day before i go to work will ibe fired if i get tested the next day im confused

    • Megan on January 5, 2024 at 1:15 am

      David- when is your job drug testing you, it sounds like you are already employed, so what do you mean day before you go to work?

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