As of
January 2024,
California Assembly Bill 2188 introduces significant change to how employers can use cannabis drug testing in hiring and employment decisions.Under the law, California employers may
no longer take adverse action such as termination
based solely on a positive cannabis result from tests that detect
nonpsychoactive THC metabolites—such as those detected in standard urine tests.
In plain terms: You may not discipline someone for legal, off-duty cannabis use.
What You Can Do
AB 2188 does
not prohibit testing that detects
recent or active cannabis use, which
may indicate on-the-job impairment.
You can still: