It is no secret that Cannabis laws are changing in the workforce, and California is one to see this change soon. Starting January 1, 2024, employers will no longer be able to discriminate against people who are active cannabis users. But, of course, there are limitations to this, as there should be, not only for insurance purposes but also to maintain a safe work environment. So, what does this really mean? What changes is the workforce going to see?
The two significant changes that are about to occur deal with the discrimination of cannabis users in the workplace. An employer can no longer base their decision to hire an employee on if they use marijuana. The three exceptions to this law will be employees who work in building/construction trades, U.S. Dept. of Defense or federal jobs, and jobs that relate to employers receiving federal funding, licensing-related benefits, or entering a federal contract. In addition, disciplinary actions can no longer take place for cannabis users off work hours unless the employee comes to work impaired. A drug test can be required in this situation, along with pre-drug screening before hiring. Only two types of drug tests are available for use, but only one provides the employer the right to take disciplinary action.
One test will let the employer know if THC currently exists, while the other detects already metabolized amounts of thc, which can linger in one’s body for 30 days. The first test option allows employers to take disciplinary action if the employee tests positive. The second option is more of an overall view of the person’s thc usage and, therefore, is inaccurate for in-the-moment knowledge. These tests allow employers to keep a drug-free workplace while maintaining more non-discriminatory practices.
I think this should have been considered a while ago, back when it was first introduced for medical use. So many people have benefited from this that the negatives are merely just a crumb. Cannabis use on off-work hours has benefits for employers that they need to consider. For example, research shows it helps people with ADHD, anxiety, depression, and other things that can help an employee stay better focused in the workplace. A business’s productivity level can increase with more focused, happier employees and provide a better work environment. It isn’t fair for the workplace to discriminate against the medication people use. Yes, I get the whole part of not coming into work impaired and agree that then the employer should be able to proceed with disciplinary action. Everyone deserves a safe work environment and the right to have that provided. I think this new law will maintain more of this balance. I’ll be curious to see if our unemployment rate drops as well. Cannabis is becoming more prevalent, and any way we can learn to embrace it and remain balanced, we need to. You can’t fight what is already happening; learn to work with it. Besides, what other positive aspects to this are out there that we are just too blind to see?
