In recent years, the legalization of marijuana for recreational use in California has led to significant legal developments regarding the rights of employees who use the substance. The enactment of Assembly Bill 2188 (AB 2188) and Senate Bill (SB) No. 700 has brought about essential changes in the state's Fair Employment and Housing Act, impacting employers and employees in relation to marijuana use and drug testing. Off-Duty Marijuana Usage Protection AB 2188, which took effect on January 1, 2024, amended California’s Fair Employment and Housing Act to protect employees’ off-duty, off-site cannabis use. It prohibits employers from discriminating against employees for off-duty use, with certain exceptions. This amendment offers crucial protections to employees who engage in off-duty marijuana use, safeguarding them from adverse employment actions solely based on their cannabis consumption outside of work hours. Exceptions to Off-Duty Marijuana Usage Protection: - The protection doe
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