Two California Laws Protecting Marijuana Users Now Officially In Effect

Laws designed to protect marijuana consumers who are seeking employment and those who are already employed officially took effect today in California.

Two separate pieces of legislation designed to end workplace discrimination against those who use marijuana off-the-job both took effect today, January 1, in California.

Senate Bill 700 makes it unlawful “for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis.” The law was signed by Governor Gavin Newsom in October.

Also taking effect today is Assembly Bill 2188, which was signed into law by Governor Newsom in 2022.

According to its official legislative summary, AB 2188 would “make 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, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace”.

The bill exempts “certain applicants and employees from the bill’s provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified”.

SB 700 would not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance.

According to the California Department of Tax and Fee Administration, California garnered $269.3 million in taxes from the legal distribution of marijuana in the third quarter of this year. During that period there was around $1.1 billion in marijuana and marijuana products purchased.

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