Come January 1, a groundbreaking law in California will protect employees' recreational cannabis use outside work hours. Assembly Bill 2188 prevents employers from punishing workers based on off-duty marijuana consumption, fostering a more inclusive workplace.
Jilian Dimitt, VP of Human Resources at Optima Office, sees the law as a positive reinforcement for employers, ensuring employees can engage in recreational cannabis use without fear of repercussions. The key stipulation is that employees must not be under the influence during work hours or bring cannabis into the workplace.
The law introduces a new testing paradigm, requiring evidence of active THC traces causing impairment for disciplinary action. Dimitt believes this approach allows employers to secure skilled workers who responsibly manage cannabis use.
Cannabis lifestyle reporter Jackie Bryant, while supportive of the law, questions its practicality. She highlights the absence of definitive technology to determine acute THC intoxication, raising concerns about potential legal challenges.
Despite skepticism, California legislators express confidence in emerging saliva tests to detect recent THC consumption, encouraging companies to develop advanced testing methods. However, the law excludes construction workers, federal employees, and those requiring federal background checks.
As the landscape of cannabis employment regulations evolves, HR experts urge companies to revisit their workplace policies to align with the changing legal framework.
