For many Californians, recreational weed is the new happy hour. After 2021's New Year’s Eve, marijuana use was the most common resolution in the state. Cannabis users now can rest easy knowing they won’t lose their job because they prefer to partake after work hours.
Proposition 64 – also known as the Adult Use of Marijuana Act (AUMA) – means that there are now protections in place for employees who choose to use cannabis outside of work hours.
Here’s what you need to know about your rights as a marijuana user in the state of California.
Summary:
1. Discrimination in Employment: Use of Cannabis Off Work
2. Tests on the job
3. Industries that are exempt from this bill
4. On Marijuana Possession
5. Marihuana Intoxication Workers Comp
1. Discrimination in Employment: Use of Cannabis Off Work
Beginning January 1st, 2024, employers will no longer be able to deny you a job based on your off-the-job cannabis use in California. Thanks to A B2188, recently signed by Governor Gavin Newsom, this new law makes it illegal for an employer to discriminate against you because of off-work cannabis use. Employers cannot fire or deny you a raise based on marijuana traces discovered in your system.
On Sunday, September 18th, Governor Gavin Newsom signed the law, making California the 7th state in the U.S that does not allow employers to discriminate against employees who smoke weed during working hours. The law prohibits employers from firing or making other employment decisions based on a drug test that finds cannabis in workers' hair or urine.
These tests do not indicate current intoxication but that someone consumed cannabis recently, up to weeks prior. However, if you get tested on the job and it proves that you are intoxicated at work, the employer can take any legal action required.
2. Tests on the job
These tests, which rely on urine or hair samples, look for a substance the body makes when it breaks down THC, the main psychoactive compound in marijuana. But that substance, called metabolites, can remain in a person's body for weeks after using marijuana, according to the Mayo Clinic. It means people can fail a drug test even though they are not impaired.
Urine tests are a highly offensive invasion of workers' bodily privacy, said Dale Gieringer, director of California’s NORML chapter. Workers should have the same right to use cannabis or other legal substances off the job.
The law still allows employers to require drug screening as a condition of employment, only if the test comes back negative.
3. Industries that are exempt from this bill
There are specific industries that are restricted or exempt from this bill. Mainly construction workers and federal jobs, because marijuana is still illegal federally. So, if you work in the building and construction industry or a federal job, this applies to you.
However, nothing in this bill permits an employee to possess, be impaired, or use cannabis on the job. It affects the rights and obligations of the employer to maintain a drug and alcohol-free workplace. You can find the complete information in Section 11362.45 of the Health and Safety Code in California.
4. On Marijuana Possession
In California, having an ID card will allow you to purchase cannabis at licensed retail dispensaries just as you would buy alcohol.
You can also grow up to six plants at home and possess up to an ounce of weed. You will be able to smoke in public places but not while driving a car. However, remember that employers can create their own policies to accommodate the new law and any necessary safety precautions.
5. Marihuana Intoxication Workers Comp
However, workers still will be penalized for coming to work high. This law does not change the current stance on marijuana intoxication in the workplace.
So, if you are consuming marijuana off the job but come to your workplace still intoxicated, you lose your protection. And worse, if you get an injury on the job under the effects, you won't be able to collect Workers' Comp benefits.
This rule also applies if you have consumed alcohol on the job or any intoxicating substance. This law does not move the needle in that regard. It just prohibits employers from discriminating against you because of marijuana use off the job.
Conclusion
In the past, many Californians could consume marijuana in their own time. But, with the risk of getting fired, it is a different story now. From January 1st of 2024 and on, you do not have to worry about losing your job if you consume weed in your free time.
However, if your company has a “zero-tolerance” policy for THC use, you may still be at risk of being fired. If you are an employee who uses cannabis, it is important to take precautions to avoid being fired. Make sure your employer is aware of your marijuana use and that it does not affect your work performance. While employers cannot fire you for off-the-clock cannabis use, they can still fire you for being under the influence of marijuana at work.
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