Hashish Regulation Group
A California invoice that will ban discrimination of staff who use hashish off-the-clock has handed the State Meeting and is now on its option to the State Senate.
Assembly Bill No. 2188 requires revision of the state’s Truthful Employment and Housing Act (FEHA) – particularly the supply that offers with employment antidiscrimination. It could make it illegal for employers to take opposed employment motion towards grownup candidates or staff primarily based on the person’s use of hashish off the jobsite and whereas not working. Staff who check optimistic for non-psychoactive hashish metabolites of their urine, blood, hair, or bodily fluids couldn’t be discriminated towards.
Nevertheless, the legislation wouldn’t enable staff to be impaired by hashish, use it at work, or violate employer guidelines in accordance with sustaining a drug-free and alcohol-free office, as outlined in California Health and Safety Code Section 11362.45. There would even be an exception for federal contractors, federal funding recipients, federal licensees required to keep up drug-free workplaces, and those that work within the constructing and development trades. Any employer required by state or federal legislation to check staff for managed substances would even be exempt.
As our Los Angeles marijuana lawyers can clarify, if this invoice passes, it will be the primary California office legislation defending hashish customers. When voters legalized using medicinal marijuana in 1996, there was no baked in provision to guard off-duty, off-premises medical marijuana use. Additional, even after leisure marijuana was legalized within the state in 2016, a 2018 California Supreme courtroom ruling in Ross v. RagingWire Telecommunications, Inc. held that an individual with disabilities who used medical marijuana was NOT protected below FEHA. AB 2188 would symbolize a marked shift from that place – and shield not simply medical marijuana customers, but in addition those that use recreationally.
Comparable measures have been handed in different states (New York, Nevada, New Jersey, Connecticut, Rhode Island and Montana), and the motion is gaining traction on the native stage at varied cities throughout the nation.
Metropolis council members in Washington, D.C. unanimously handed a invoice just lately that (if authorized by the mayor) would protect employees who test positive for marijuana from being fired. The Cannabis Employment Protections Amendment Act of 2022 would additionally prohibit employers from firing staff who use marijuana for leisure or medicinal makes use of. That invoice has a number of exceptions. For instance, they received’t be thought-about in violation of in the event that they’re appearing below federal pointers OR if the employee consumes the drug whereas at work OR is below the affect whereas performing work-related duties. It additionally doesn’t apply to these in safety-sensitive occupations, comparable to legislation enforcement, development, safety, well being care, gasoline/energy firms, or those that function heavy equipment. The measure will enable employers to enact provisions that ban the possession, storage, supply, switch, show, sale, buy, or rising of hashish at one’s place of employment.
Moreover, New York Metropolis, Atlanta, Philadelphia, Baltimore, Richmond, Kansas Metropolis, and St. Louis have ordinances that protect the employment rights of marijuana users. A few of these lengthen simply to metropolis staff, others to all employers in these jurisdictions.
It’s unclear the chances for AB 2188 passing. Though it has cleared the state Meeting, it nonetheless requires approval from the state Senate and the governor. If it does make it to the governor’s desk, he’ll have till the tip of September to signal or veto it.
Because it stands, the California Chamber of Commerce is in opposition to the measure, citing the feasibility and price of other drug testing that will be required to omit marijuana utilization.
Our L.A. hashish legal professionals shall be watching intently this measure’s development.
The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary firms, sufferers, docs and people dealing with marijuana expenses. Name us at 714-937-2050.
California Lawmakers Aim to Protect Workers’ Off-Hours Pot Use, April 18, 2022, Bloomberg Regulation
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