California: Provides Protections for Workers Who Use Marijuana Outside Work

Effective January 1, 2024, California employers will no longer be allowed to consider the use of marijuana outside of work in employment decisions.   Employers can still maintain a drug-free workplace and can fire or suspend workers for possessing, using or being impaired by marijuana while at work.  The law also allows employers to administer drug tests that show active impairment on the job as a basis for employment decisions.

The law does not apply to federal contractors who are subject to federal regulations concerning drug use or to workers in the building or construction trades.