Starting January 1, 2024, California's AB 2188 and Washington's SB 5123 will prohibit employers from discriminating against job applicants based on their off-duty cannabis use or non-psychoactive cannabis metabolites found in pre-employment drug tests. Employers need to revise their drug testing practices accordingly, potentially considering oral fluid screening.
The laws aim to protect lawful marijuana users from discrimination while ensuring a safe work environment. California's AB 2188 specifically protects employees and applicants who engage in off-duty cannabis use, allowing employers to take action only if impairment at work is demonstrated. It also outlines exceptions for certain employees and positions.