California Bill would protect cannabis users from discrimination in the workplace

California employers would be prohibited from discriminating against workers for using cannabis while they are away from the workplace, under a law introduced last week. The measure, AB 2188, was introduced Feb. 15 in the California Assembly by Democratic Assembly Member Bill Quirk.

If enacted, AB 2188 would end drug testing discrimination for cannabis metabolites, which are non-psychoactive substances that can be detected in a person’s body fluids for up to several weeks after cannabis use.

“The law would prohibit California employers from punishing or discriminating against an individual when making decisions about hiring, firing or other aspects of employment if the discrimination is based on the individual’s off-duty cannabis use or the presence of non-psychoactive substances Cannabis metabolites revealed in employer-ordered drug screening,” Lauren Mendelsohn, an attorney with the Sebastopol, Calif., law firm of Omar Figueroa, told High Times in an email.

However, the legislation has some limitations. Employers who must comply with federal drug testing regulations are exempt. AB 2188 does not require employers to allow employees to get high while at work.

“The bill does not authorize workers to use cannabis while on the job or to be affected by cannabis, nor does it prohibit employers from performing impairments or chemical testing to determine if a worker is impaired or has an active presence of THC in their system ‘ Mendelsohn noted. “Employers who are required to perform screening tests for non-psychoactive cannabis metabolites, or who would otherwise lose government benefits, can do so.”

Quirk’s bill is supported by the California section of the National Organization for the Reform of Marijuana Laws (Cal NORML). In a statement, the cannabis policy reform advocacy group said that “testing or threatening to test body fluids for cannabis metabolites is the most common way employers harass and discriminate against workers who lawfully use cannabis in the privacy of their own homes “. Cal NORML noted that an online survey shows that 33 percent of respondents were denied employment because they tested positive for marijuana, while 60 percent stopped using cannabis because of drug testing by their employer or doctor.

Protecting the rights of cannabis users

Attorney S. Edward Wicker of Wicker Law in San Diego believes that AB 2188 is necessary to protect the rights of Californians through the legalization of cannabis, noting that positive drug tests for cannabis use is not an effective method to determine determine if an employee is impaired at work.

“This legislation is necessary to provide fairness and science-based legal protections to California workers. Current California law allows adults to use and possess cannabis,” Wicker, who is also a director of San Diego NORML, wrote in an email. “This freedom is jeopardized when employers use a non-scientific test to discriminate against workers for using cannabis. Cannabis law is evolving from prohibition, as it still exists at the federal level, to a policy of legalization supported by a majority of Americans. A ban-based policy relies on inertia and non-scientific data.”

Cal NORML noted that studies have shown that off-the-job cannabis use is not associated with an increase in work-related injuries or accidents, and that jurisdictions with liberalized marijuana laws are associated with greater worker participation, higher wages and reduced employee absenteeism , and declines in workers’ compensation claims.

“Testing body fluids for cannabis metabolites is another example of a non-scientific approach to cannabis policy,” Wicker continued. “The presence of cannabis metabolites is not an indication of whether a person is under the influence of cannabis. A person can test positive for cannabis metabolites days to weeks after each cannabis use. This is not an indication of impairment for any work-related purpose other than arbitrary discrimination.”

Five states, including New York and New Jersey, have passed legislation protecting the labor rights of recreational cannabis users, and similar legislation was introduced in the Colorado legislature earlier this month. Legislation protecting medical marijuana patients has been passed in 21 states.

“It’s high time California protected the rights of its workers, too,” said Dale Gieringer, director of California NORML.