California lawmakers on Tuesday gave final approval to a bill to protect employees who use marijuana off the job. If approved by the governor, the legislation would make California the seventh state in the nation to pass employment protections for workers’ off-duty cannabis use.
The measure, Assembly Bill 2188 (AB-2188), would “make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person” solely because of marijuana use while off the job, according to an abstract of the legislation. But Assemblymember Bill Quirk, the sponsor of the legislation, noted that AB-2188 does not allow people to work while impaired by cannabis.
“Nothing in this bill would allow someone to come (to work) high,” said Quirk.
Under the legislation, employers would be prohibited from taking action against an employee for failing a urine or hair screening for cannabis metabolites. Tests that measure or detect the presence of cannabis metabolites only show that the person ingested cannabis at some point, potentially weeks before the sample is taken, and are not an indicator of present impairment.
The legislation is supported by cannabis advocates and labor groups including United Food and Commercial Workers (UFCW), Service Employees International Union (SEIU), California Nurses Association, CA Board of Registered Nursing, and UDW/AFSCME Local 3930. Supporters of the bill argue that employees should not be punished for using marijuana while off the clock.
“Using outdated cannabis tests only causes employees to feel unsafe and harassed at work, it does not increase workplace safety,” said Matt Bell, secretary-treasurer for the United Food and Commercial Workers Local 324.
The legislation includes several exceptions designed to protect