California wants to protect workers from off-duty cannabis penalties

California lawmakers approved a measure on Tuesday that would prevent employers from punishing workers who fail urine or drug tests for cannabis.

Under the bill, employers would still be able to discipline employees who fail other types of drug tests, such as saliva tests, which are designed to determine whether a person is currently under the influence of drugs.

The consumption of Cannabis is legal for adults in California.

Bill Quirk, a Democratic Assembly member and the bill’s sponsor, said that «nothing» in the bill «would allow anyone» to be under the influence of drugs at work. Simply, based on the length of time during which the THC remains in the blood or urine—smoking a joint two weeks before a test won't prevent you from getting a job.

Matt Bell, secretary-treasurer of Local 324 of the Food and Commercial Workers Union, said the legislation is necessary because «the excessive use of cannabis testing only creates a sense of insecurity and harassment among employees at work, and does not increase workplace safety.».

The measure will not protect employees of companies that receive federal funds or are subject to federal contracts, nor will it protect anyone working in the building and construction trades that receive federal funds.

The California Chamber of Commerce opposes the bill, stating in a letter to lawmakers that it «would create a protected status for the cannabis use »in the state law that prohibits discrimination in the workplace.".

«Simply put: cannabis use is not the same as protecting workers from discrimination based on race or national origin,» the letter states.

The bill will be submitted to Governor Gavin Newsom, who has until the end of September to decide whether to sign it. If the governor approves it, it will take effect on January 1, 2024.