Urine Tests For Marijuana Are Now Banned In California For Employment

Two bills signed by Gov. Gavin Newsom in recent years have been enacted to enhance the state’s legal cannabis industry by modernizing existing laws. In 2022, Governor Newsom signed Assembly Bill 2188, which will now prevent employers from considering the results of hair or urine tests for marijuana when making employment decisions. These tests can detect traces of cannabis for extended periods of time, but they will no longer be a factor in hiring, firing, or penalizing workers.

In a press release, the governor acknowledged the challenges faced by the cannabis industry and consumers due to rigid bureaucracy and federal prohibition, as he signed AB 2188 and other cannabis-related bills in 2022.

AB 2188 was sponsored by California NORML, a nonprofit organization dedicated to advocating for consumer rights in the cannabis industry. The organization stated that hair or urine testing for marijuana does not accurately determine impairment, a fact that has been acknowledged by the federal government. The group stated that studies have shown that metabolite tests for previous marijuana use are ineffective in ensuring job safety.

There are certain exceptions to AB 2188 that apply to workers in the building and construction industry, as well as job applicants and employees in positions that require a federal background investigation or clearance.

In 2024, California’s small business owners are facing a significant challenge with the new laws, according to the National Federation of Independent Business. The California Chamber of Commerce initially opposed AB 2188, but later removed its “job killer” label after certain revisions. The Chamber expressed concerns about employers facing potential liability when they need to take appropriate disciplinary actions against employees. The group emphasized the importance of employers maintaining a safe workplace by taking appropriate disciplinary action against employees who show up to work impaired.

However, AB 2188 does not prohibit employers from utilizing alternative methods, such as blood tests, to identify impairment.

SB 700 acknowledges employers’ ability to inquire about an applicant’s criminal record, while also prohibiting discrimination based on past cannabis use, unless allowed by law.