What are We Smoking? Did We Really Just Make the Use of Cannabis a Protected Category in California?
While employment-related laws and court cases around the country have moved towards greater protections for employees who utilize cannabis, California has remained a state that has taken a firm position allowing employers to test and take adverse action based on marijuana use. That is all about to change! Effective 1/1/24, the off-duty, off-premises use of cannabis will become a protected employment category for purposes of discrimination in the workplace. And while employers are still permitted to test under certain circumstances, their hands will soon be tied with regards to the practical ability to maintain a cannabis-free workplace.