Photo by Shelby Ireland on Unsplash
California Gov. Newsom last week signed AB 2188. The law stops employers from penalizing workers for consuming cannabis or cannabis-infused products after working hours. As an amendment to the state’s Fair Employment and Housing Act (FEHA), the law provides equal protection against discrimination for cannabis consumers as it does for veterans, women, and all similar forms of workplace discrimination.
The law that becomes effective by January 2024 does not permit workers to come high to work. But it orders employers to find a more effective way to test workers for impairment or to know whether workers have taken cannabis during working hours. The current testing method fails to detect. Other states with similar laws are Connecticut, Montana, Nevada, New Jersey, New York, and Rhode Island.
