CALIFORNIA, USA — Starting this New Year, new cannabis laws are protecting employees who rely on marijuana for a number of reasons.
"I have ADHD, so I was on a stimulant for about 15 years. So, I decided to get off of it about two and a half years ago. And I found out that marijuana helps shut my brain down at night, and it just doesn't keep it running and it helps me go to sleep," said Brennen Lupton, a cannabis user.
The new laws mean California employers will be barred from asking workers about their use of cannabis outside of work.
"What they did in AB 2188 is they said employers in hiring, firing or in penalizing employees can not discriminate based upon outside-of-work cannabis use," said Chris Micheli, who is an adjunct professor for the McGeorge School of Law.
He said the bill attempts to strike a balance between workers being able to utilize marijuana for recreational purposes, while keeping the employer's interests of ensuring workers are not impaired at their worksite or the office.
"The second item that AB 2188 makes unlawful is any test that only test for non-psychoactive cannabis metabolites. A mouthful, but basically just because you had some cannabis in your system, which can last two, three or four weeks doesn't mean that you're impaired at the workplace," said Micheli.
But there are a number of employees who are excluded from these new laws. That includes workers in construction trades and for job applicants and employees who work for federal contractors.
Meanwhile, employees said the new laws are allowing them to be successful in their careers, with safety still at the forefront.
"Well, I think it's definitely justifiable. I mean what you do outside of work is really your business. I mean it's kind of similar to alcohol I think. You wouldn't go into work drunk or anything after having a few drinks. So, it's kind of the same thing as long as you're responsible with it,' said Trevor Carstenes, a cannabis user.
The law does not apply to federal contractors and does not prevent employers from using tests to check for impairment, such as blood tests.
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