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Updated: Nov 12, 2022


California could soon become the seventh state in the United States to protect pot-smoking employees.

Assembly Bill 2188, passed Tuesday by the state Senate, would amend the state’s anti-discrimination laws and the Fair Employment and Housing Act to prevent companies from punishing employees who use cannabis outside work and test positive for the drug.

A person can test positive in a hair or urine sample, usually taken in a pre-employment drug screening, even if they are not under the influence but have smoked in recent days or weeks. The bill would not apply to other tests that might determine whether an employee is currently high.

The bill now heads to Gov. Gavin Newsom’s desk, and he has until the end of September to decide whether to sign it into law. If signed, the law would take effect Jan. 1, 2024.

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