Can I be fired for smoking weed in my off-hours?
What new California cannabis law says.
Some cannabis users in California will be protected from discrimination in the workplace starting the new year.
Gov. Gavin Newsom signed Assembly Bill 2188 into law in 2022, banning employers from firing, penalizing or creating employment conditions for workers based on cannabis use off the job or away from the workplace.
AB 2188 goes into effect on Jan. 1, 2024.
However, this new law only applies to some jobs. Specifically, it does not apply to those that work in the building and construction industry, and positions that require federal background checks.
CAN I BE FIRED OR DENIED A JOB FOR USING CANNABIS IN MY OFF-HOURS?
Essentially, some employees cannot be fired or withheld a job due to their personal use of marijuana off hours.
Employers are barred from discriminating against workers using drug-screening tests that show they have “nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids,” the bill states.
While it’s legal for people to use weed away from the workplace, employees are not allowed to have, use or be impaired by cannabis while on the job.
According to the bill, employers still have the right to “maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by federal law or regulation.”
WHAT ABOUT MEDICAL MARIJUANA?
Newsom also signed another cannabis-related law in 2022, Senate Bill 1186.
The new law protects medical marijuana patients by prohibiting local governments from putting regulations or banning medicinal cannabis delivery.
It goes into effect Jan. 1, 2024.
WHAT ARE CALIFORNIA LAWS ON CANNABIS USE?
California has more rules on cannabis use in the state. For example, recreational weed use is only legal for those 21 years and over.
Children under 18 who are caught with weed will be required to go through drug education or counseling and community service. People between 18 to 21 years old will be fined up to $100.
This excludes minors who have a medical marijuana identification card.
There’s also a legal limit on how much marijuana you can carry on hand. In California, you’ll be penalized for having more than 28.5 grams of weed or more than eight grams of concentrated cannabis. Unless you’re gifting cannabis products to your loved ones, you need to have a license to sell weed.
