California Senate Committee Votes to Ban Employers From Inquiring About Applicant’s Prior Marijuana Use

California’s Senate Judiciary Committee has voted in favor of legislations that would provide legal protection to job hunters who have used marijuana.

Filed by Senator Steven Bradford, Senate Bill 700 “would make it unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis”.

A stipulation in the measure states that this “does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.”

The vote in the Senate Judiciary Committee was 7 to 2, with 2 members abstaining. Following the vote SB 700 was referred to the Labor, Public Employment and Retirement Committee.


The proposal states:

Existing law, the California Fair Employment and Housing Act, prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. Existing law, on and after January 1, 2024, makes 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 because of the person’s use of cannabis off the job and away from the workplace, except as specified.

This bill would make it unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis. cannabis, as specified.

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