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New law protects employees who consume cannabis outside of work

A marijuana home testing kit
PINKE
/
Flickr / Creative Commons
A marijuana home testing kit

In an effort to protect employees from discrimination, Governor Gavin Newsom signs a bill making it illegal for employers to punish employees who test positive for traces of cannabis from home-related marijuana consumption.

California Assembly member, Bill Quirk of Hayward, authored the bill as a response to companies drug screening employees in an attempt to prove impairment at work after cannabis legalization in California.

Exceptions from this bill include pre-employment drug testing, employees who require federal background investigations, federal contractors, or employees with jobs of high safety standards such as construction work.

The new law does not prevent other forms of drug screenings meant to determine if an employee is currently under the influence.

Some business groups are skeptical that this law will be misinterpreted as a pass for employees to work under the influence and in turn use the law as a means of protection. However, according to Quirk, “nothing in this bill would allow someone to come to work high”.

(she/her/ella) Wendy Reyes is KALW Public Media's Immigration Reporter. She covers immigration across the Bay Area, with a focus on the lived experiences of local immigrant communities. Wendy’s reporting examines the systemic and cultural barriers that impact immigrants, while also spotlighting their victories, resilience, and collective strength. Through thoughtful, community-centered journalism, she aims to elevate immigrant voices and shed light on the realities they face — and the power they hold.
Sunni M. Khalid is a veteran of more than 40 years in journalism, having worked in print, radio, television, and web journalism.