California Senate Passes Bill to Ban Employers From Asking About Past Marijuana Use

California’s full Senate has passed a bill that would provide legal protections to marijuana consumers who are seeking employment.

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”. The Senate voted yesterday 29 to 9 to send the proposal to the House of Representatives.

The proposal would 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 official text of SB 700 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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