California Legislation Provides Cannabis Consumers New Protections
Tags : Drug Screening
Governor Newsom signed a series of bills into law related to marijuana and protections for citizens across a variety of topics including employment.
Assembly Bill 2188 (AB 2188) states that "it is unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person's use of cannabis off the job and away from the workplace." This prohibition also extends to "employer-required drug screening test[s] that [have] found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids." Use can be determined by a positive drug test result for the presence of the carboxy THC metabolite, an inactive byproduct of THC that may be present in a urine sample for up to 100 days post-abstinence. The United States Department of Justice cited that detection of this metabolite "only indicates that a particular substance is present in the test subject's body tissue. It does not indicate abuse or addiction; recency, frequency, or amount of use; or impairment."
The law goes into effect January 1, 2024 and mirrors those already enacted in several other adult-use states, including Connecticut, Montana, New Jersey, New York and Rhode Island.
Employers are encouraged to review these new laws to determine if and how business practices may be impacted. Please contact your account management team with questions specific to these changes and your current background screening program.
Posted: September 29, 2022
All Rights Reserved © 2022 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!
I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.
Our team loves working with Truescreen and the expedient, thorough service and results we get from you.
I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.