New California Cannabis Laws: Workplace Protections and Medicinal Cannabis Delivery Regulations

Starting the new year, some cannabis users in California will be protected from discrimination in the workplace.

Governor Gavin Newsom signed Assembly Bill 2188 into law in 2022, prohibiting employers from firing, penalizing, or creating employment conditions based on cannabis use off the job or away from the workplace. This law, AB 2188, goes into effect on Jan. 1, 2024.

However, it's important to note that this law applies only to certain jobs and excludes those in the building and construction industry, as well as positions that require federal background checks.

Can I be fired or denied a job for using cannabis in my off-hours?

Essentially, some employees cannot be fired or denied a job due to their personal use of marijuana off hours. Employers are prohibited from discriminating against workers using drug-screening tests that show nonpsychoactive cannabis metabolites in their system, according to the bill.

While using weed away from the workplace is legal, employees are not allowed to have, use, or be impaired by cannabis while on the job. Employers still retain the right to maintain a drug- and alcohol-free workplace as specified by health and safety codes or federal law.

What about medical marijuana?

Another cannabis-related law, Senate Bill 1186, was signed by Newsom in 2022. This law protects medical marijuana patients by prohibiting local governments from imposing regulations or bans on medicinal cannabis delivery. It takes effect on Jan. 1, 2024.

California laws on cannabis use

California has various rules on cannabis use within the state, including age restrictions. Recreational weed use is legal only for those 21 years and over. Minors caught with weed may undergo drug education or counseling and community service. Individuals between 18 and 21 years old may face fines up to $100, excluding those with a medical marijuana identification card.

There is also a legal limit on the amount of marijuana one can carry, and exceeding these limits can result in penalties. It's crucial to be aware of these laws, especially if you're considering selling cannabis products, which requires a license.