LOS ANGELES (KABC) — There are a number of California laws on the books when it comes to marijuana, including one meant to stop employers from punishing workers who use cannabis when they are not on the job.
In September, Gov. Gavin Newsom signed Assembly Bill 2188 (AB-2188), which addresses how an employer can test employees or potential employees for cannabis. It applies only to marijuana and not to any other drugs.
Eyewitness News spoke with employment attorney Angela Reddock-Wright, who broke down the details of AB-2188.
ABC7: What exactly does AB-2188 do?
Reddock-Wright: “It basically prohibits employers from discriminating against employees for their off-duty use of marijuana, whether it be for medicinal reasons or recreational reasons, and it also precludes and prevents employers from firing or terminating or disciplining anyone if in a drug test, they find that the employee has what we call ‘non-psychoactive’ traces of marijuana or THC in their blood system or in their urine system.”
ABC7: Are California employers still allowed to drug test for marijuana and can an employee be fired for failing a drug test that comes back positive for THC?
Reddock-Wright:“California employers can still do what we call ‘pre-testing’ for marijuana and for other drugs, however, if in that pre-test, it comes back with what we call ‘non-psychoactive’ traces of THC or other substances, that’s not enough to not hire someone.
You have to find psychoactive traces or traces that actually cause an…
