CA Committees Pass Senate-Approved Bill to Ban Employers From Asking About Marijuana Use

Two California Assembly Committees have voted in favor of legislation that would provide legal protections to marijuana consumers who are seeking employment.

The Assembly Judiciary Committee voted 8 to 2 on Wednesday to pass Senate Bill 700, a week after the Assembly Labor and Employment Committee passed it unanimously 7 to 0. The measure has already been approved by the full Senate 29 to 9.

Filed by Senator Steven Bradford, the proposal “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 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.

Senate Bill 700 will need to be approved by the Assembly Appropriations Committee before it can be considered by the full chamber. Passage by the full Assembly would send the bill to Governor Gavin Newsom for consideration.

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