California Cannabis Laws Offer New Protections for Employee Use in 2024

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California Cannabis Laws Offer New Protections for Employee Use in 2024

California Cannabis Laws Offer New Protections for Employee Use. Learn how this impacts workplace drug testing policies.

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California changes its regulations regarding off-work marijuana use for 2024.

The use of marijuana in the US has increased in recent times. A national survey revealed that approximately 35 million Americans use marijuana on a monthly basis. In 2023, 17% of Americans reported that they smoke marijuana. Studies have reported that the total number of recreational marijuana users in the US in 2020 was 3.43 million and is expected to double in 2025. 

In 2023, California was the top market for recreational cannabis sales in the United States, with the state’s taxable sales reaching $5.3 billion. According to a survey published by the Department of Cannabis Control California, of the 1000 respondents, 56% reported having used cannabis. Most of the respondents reported easy access to marijuana from a licensed retailer.

California’s IST Employee Protection Bill

California was the first state to legalize medical use of marijuana in 1996 after passing the Compassionate Use Act and one of the first states to legalize its recreational use in 2016. Colorado and Washington were the first states to legalize its recreational use in 2012. Despite the growing number of states legalizing marijuana, it remains illegal under federal law. According to Workplace Safety and Compliance Service provider DISA Global Solution, 24 US states have now legalized the recreational use of marijuana.

After legalizing the recreational use of marijuana, California has now joined hands with eight other US states in providing some sort of protection to employees who use it.

Gov. Gavin Newson signed the bill on September 18, 2023, and it has been in effect since Jan 2024. The new bill provides employees protection for marijuana use and restricts employers’ rights to pre-employment, off-duty and long-term marijuana use tests for its less psychoactive components. According to the bill, Tetrahydrocannabinol (THC) test is still permitted in the workplace as THC can impair an employee’s ability to perform their job. The use of Cannabinol (CBD), a non-psychoactive component, is permitted as it does not cause impairment.

Man smoking blunt on his bed.

Impact of the Bill on the Marijuana Market and Employment Sector

Marijuana sales have been increasing in the US exponentially over the last few years. According to a survey study on legal recreational marijuana sales, legal cannabis sales are expected to reach 57 billion dollars in the US in 2028. With this rule now in effect, the sales might actually exceed expected results. The study has reported that California led the sales of both illicit and legal cannabis in 2018. The legal cannabis sales in California were 5.5 billion dollars in 2018 and are expected to reach 7.2 billion dollars in 2028.

According to a survey by the Department of Cannabis Control California, 86% of cannabis consumers in California know the importance of buying it from a licensed seller. The DCC has launched an Awareness campaign, ‘’Real California Cannabis’’, to educate cannabis consumers the importance and benefits of buying cannabis from licensed retailers.

This bill prohibits employers from firing, not hiring, and penalizing employees for off-duty cannabis use. This rule also prohibits employers from testing for non-psychoactive metabolites of cannabis. This has led to concerns among employers who have strong drug-free workplace policies and want to keep the workplace clean and sober.

The New Expected Amendment in the Bill

According to the latest reports by the Marijuana Moment, The already existing bill regarding protections for the recreational use of marijuana could face amendments. The new amendment would roll back existing employment protection for people who legally use marijuana while away from work. According to reports the new bill will remove protections for law enforcement positions. According to the report, cannabis protections for workers with the following law enforcement-related responsibilities could be reversed:

  • The apprehension, incarceration, or correction of criminal offenders
  • Civil enforcement matters
  • Dispatch and other public safety communications
  • Evidence-gathering and processing
  • Law enforcement records
  • Animal control
  • Community services duties
  • Public administrator or public guardian duties
  • Coroner functions

What Can Employers Do?

According to the bill, employers currently cannot screen employees for off-duty marijuana use. Employers with drug-free workplace policies have their concerns regarding the new bill. However, employers can still test for psychoactive cannabis products such as THC and other drugs of abuse. Oral saliva testing is best to determine recent use. Most saliva tests detect Δ9-THC, which is the molecule of cannabis that can be found specifically in the mouth, and is not a metabolite. Regular drug testing is the key to establishing a safe workplace environment. Employers should stay informed about changes to marijuana laws and regulations, and adjust their drug testing policies accordingly.

DrugTestKitUSA supplies workplace and other drug testing programs with quality drug screens, including drug test kits that do not detect THC. Tests are accurate, easy-to-use and sold at affordable prices.

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