California cannabis compliance – changes coming in 2024

New cannabis legislation is rewriting the state's Fair Housing and Employment Act. The history of marijuana legislation in the United States is lengthy and complicated, and employers have been hearing about cannabis in the workplace for some time. AB 2188 protects job applicants and employees who use marijuana outside of work. SB 700 protects job applicants from being asked marijuana-related questions. Both AB 2188 and SB 700 will take effect on January 1, 2024, updating the state's current Fair Housing and Employment Act, which applies to businesses with five or more employees. 

As an employer, what does this mean for you? Employers with marijuana related workplace rules should evaluate the new regulations and adjust their policies as needed to maintain compliance.

You can still enforce a drug-free workplace by practicing reasonable suspicion and enforcing disciplinary measures while on the job and conducting drug tests for cannabis both before and during employment if the tests exclude nonpsychoactive metabolites.

Speak with an HR professional or an attorney if you need advice on how to best get ready for these changes.