California Assembly Bill 2188

California Assembly Bill 2188 full text

✅ Approved: 9/18/2022
📅 Operative Date: 1/1/2024

AB 2188 prohibits employment discrimination on the basis of a person’s use of cannabis off the job and away from the workplace

The Facts

• The intent of drug tests is to identify employees who are impaired
• THC is metabolized and stored as a non psychoactive metabolite after consumption and only indicate cannabis consumption within the last few weeks
• Historically, cannabis drug screening relied on the testing of non psychoactive metabolites in urine, hair, or blood

Key Elements

• Employers may not discriminate on any term of employment based on the use of cannabis by the employee while away from the job

The Fine Print

• Employers may not use testing methods that utilize non psychoactive cannabis metabolites as a condition for employment
• Employees may not possess, use, or be impaired by cannabis while on the job
• Employers have the right to maintain a Drug Free Workplace
• This bill does NOT apply to employees in building and construction businesses
• This bill does NOT apply to federal employees
• This bill does NOT apply to pre-employment drug screening that utilizes tests other than for non psychoactive cannabis metabolites