Historic Workplace Protections for California Cannabis Patients
California Assembly Bill 2188 (AB 2188) and Senate Bill 700 (SB 700) fundamentally transformed California labor law by protecting employees and job applicants from discrimination based on off-duty cannabis use.
Key Provisions of AB 2188
Employers can no longer discriminate against workers based on traditional urine or hair tests that detect non-psychoactive cannabis metabolites (which remain in the body for weeks after consumption). Only tests measuring active, psychoactive THC impairment at the workplace are permitted.
Exceptions for Federal and Safety-Sensitive Roles
Workers in safety-sensitive construction trades, federal government contractors, commercial drivers governed by DOT regulations, and law enforcement are exempt from AB 2188 protections.