Hashish Legislation Group
Excellent news for California workers who additionally occur to be hashish fanatics: A invoice that may bar corporations from asking job candidates about earlier marijuana use has already handed the state senate and has sailed via its second California Meeting committee. The invoice would broaden present employee protections that have been handed final yr prohibiting employers from discriminating towards workers who’re proven (both by drug take a look at, admission, or another means) to have used marijuana off-the-clock. (There are some exceptions, equivalent to staff in constructing and building trades or people who require federal background checks or a sure degree of safety clearance.) 
Our Los Angeles hashish enterprise legal professionals additionally observe employment regulation, so that is doubly excellent news.
After Senate Bill 700 cleared the state senate, it handed the Labor and Employment Committee, after which additionally the Judiciary Committee by a margin of 8-2. Now, it goes to the Appropriations Committee. If it passes there, it might probably advance to the ground. If the Meeting approves the measure, it’s going to then be despatched to the governor’s workplace for consideration. If it does handle to cross, its efficient date could be Jan. 1, 2024.
However why was such a invoice even essential?
Proponents defined that regardless of an rising variety of employers turning into extra accepting of leisure hashish use amongst workers, a good quantity nonetheless observe zero tolerance insurance policies with respect to hashish use – even when that use occurred way back and earlier than they ever thought of working for that firm. A current evaluation by Quest Diagnostics, one of many greatest drug testing corporations within the U.S., revealed leisure hashish use amongst staff reached “historic” highs in 2021.
On the one hand, corporations could also be capturing themselves within the foot with such a observe as a result of they’re probably going to get fewer certified candidates even making use of for the place within the first place – which is very unwise in a decent labor market. They could additionally disqualify a certified candidate who in any other case could be a stellar asset – they usually’re in all probability going to be decreasing workforce range. On high of that, it creates a scenario whereby candidates could also be tempted to be dishonest in an effort to get the gig. So employers could also be turning away people who find themselves trustworthy and upfront, whereas welcoming those that could also be much less forthright – and for what?
However the concern actually comes all the way down to how this impacts staff. Adults who interact in authorized leisure hashish use shouldn’t be turned down for jobs they’re certified to take, proponents say.
Revamping employment hashish insurance policies isn’t a development distinctive to California. Quite a lot of different states and federal authorities companies have been switching issues up as effectively.
Amongst these:
- Michigan is looing to cease pre-employment drug testing for hashish for many authorities job functions. On the similar time, these already sanctioned for optimistic marijuana checks could be supplied a method to have these penalties rescinded retroactively.
- Washington State now protects potential staff from discrimination over lawful marijuana use.
- Nevada bars discrimination of job candidates who take a look at optimistic for marijuana.
- New York regulation protects grownup workers who use authorized hashish whereas not working.
- The U.S. Division of Transportation simply finalized a rule altering its drug testing coverage, easing restrictions on airline pilots, truck drivers, and U.S. transit staff who use marijuana recreationally on their off time.
- These making use of for jobs with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosions are now not routinely disqualified in the event that they beforehand grew, manufactured, or offered marijuana in compliance with state regulation. Nevertheless, those that did so in violation of state marijuana legal guidelines will nonetheless be denied employment.
- The U.S. Secret Service now not routinely disqualifies potential brokers solely on the idea of prior marijuana use.
There are additionally rumbling amongst some federal lawmakers of placing collectively a invoice that may defend federal workers from denial of safety clearances over hashish consumption. This aligns with the nation’s largest federal worker union, which is actively advocating for the federal government to drop penalties towards federal staff who legally devour marijuana throughout their day without work.
In line with one survey by the Intelligence and Nationwide Safety Basis (INSF), practically one-third candidates 18-30 who’ve utilized for federal jobs with safety clearances needed to withdraw their software as a result of strict safety clearance necessities.
The Los Angeles CANNABIS LAW Group represents growers, dispensaries, ancillary corporations, sufferers, medical doctors and people going through marijuana expenses. Name us at 714-937-2050.
Extra Sources:
Legal Weed Drives Companies to Relax Their Drug Testing Policies, July 14, 2023, By Khorri Atkinson, Bloomberg Information
Extra Weblog Entries:
California Workers Won’t Need to Worry About Weed Use Off-the-Clock, Oct. 6, 2022, Los Angeles Hashish Employment Lawyer Weblog
