Since January 1, 2024, Californians who use cannabis after work hours have had more employment protections than in previous years. Until this year, California employers could legally discriminate against employees who tested positive for non-psychoactive cannabis metabolites in their urine, hair or bodily fluids. This is still the case in the majority of the rest of the United States, but of course, that could stand to change. So what exactly do these new laws mean for Californians who use cannabis on their own time?

What are the New Cannabis Laws in California?

To be clear, these laws do not mean that it is legal to consume cannabis or to be intoxicated while clocked in on your job. Instead, they have simply been put in place to protect workers who use cannabis after work or on weekends and return to work completely sober. In short, anyone who does not display evidence of active THC in their system will be protected under Assembly Bill 2188, which is an amendment to California’s Fair Employment and Housing Act.

It’s fairly well known that cannabis can stay in people’s systems as stored metabolites for anywhere from 30 to 90 days. This means that cannabis can show up on a drug screening a whole 3 months after someone consumes some. However, this screening only confirms that a person has recently used cannabis: not that they are currently under the influence of it. 

Employers and potential employers cannot hold past cannabis use against someone, but they can still test for active THC in their system and conduct impairment tests. NORML, or the National Organization for the Reform of Marijuana Laws, clarified that the law does not apply to those who work in the construction trade, or those who are subject to federal drug testing rules. They also said that this new law will not interfere with an employers’ right to maintain a drug-free workplace. Lastly, NORML maintains that employees who think their worksite rights have been violated under these new laws have the ability to sue for damages.

Is it Legal to Use CBD While at Work?

As you may know, full-spectrum CBD products may legally contain up to 0.3% delta-9 THC, which is the cannabinoid that produces the psychoactive effects of marijuana. Until now, Californians who are subject to employment drug testing had to be wary about consuming full-spectrum CBD products, because even such a small amount of delta-9 THC could possibly show up on a drug test. 

In a vast majority of cases, CBD isn’t the problem, delta-9 THC is. If you consume a full-spectrum CBD product at work, it’s possible that you will test positive for active delta-9 THC. That’s why it’s recommended that those who are subjected to employment drug screenings avoid full-spectrum CBD products and instead opt for broad-spectrum or CBD isolate products, which don’t contain delta-9 THC. 

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