California law prohibits employers from discriminating against employees for using cannabis outside of work hours and away from the workplace.

What California Law Protects

California Government Code Section 12954 establishes important protections for employees who use cannabis during their personal time:

1. Protection from Discrimination: Employers cannot discriminate against you in hiring, firing, or other terms of employment based on your legal use of cannabis off the job and away from the workplace.
2. Drug Testing Limitations: Employers cannot penalize you based on drug screening tests that find "nonpsychoactive cannabis metabolites" in your hair, blood, urine, or other bodily fluids. These metabolites can remain in your system long after the impairing effects of cannabis have worn off.
3. Prior Cannabis Use: Employers cannot request information from job applicants about their prior cannabis use.

The Science Behind the Law

This law acknowledges an important scientific reality: standard cannabis tests detect nonpsychoactive metabolites that can remain in your system for days or weeks after use, long after any impairment has dissipated. The new law focuses on actual impairment at work rather than off-duty conduct that doesn't affect job performance.

Important Limitations

However, these protections have limitations:

• On-the-Job Impairment: The law does not permit you to possess, use, or be impaired by cannabis while working.
• Drug-Free Workplace: Employers maintain the right to enforce drug-free workplace policies.
• Building and Construction Trades: Workers in these industries are not covered by the new protections.
• Federal Law and Requirements: Jobs requiring federal background checks, security clearances, drug testing, or contracts remain subject to federal cannabis restrictions. Indeed, it is important to remember that most psychoactive cannabis use remains illegal under United States federal law. 

What This Means for You

If you're a California employee who uses cannabis recreationally during your personal time, your employer generally cannot:

• Fire you simply because a drug test detected cannabis metabolites from off-duty use
• Refuse to hire you based on your off-duty cannabis use
• Ask about your history of cannabis use during the hiring process
• Discipline you for cannabis use that occurs outside of work hours

Taking Action if You Believe Your Rights Are Violated

If you believe you've been discriminated against based on your off-duty cannabis use, you may have legal remedies.California's law recognizes employees' right to make personal choices during their off-hours without workplace repercussions. 

Here are some possible steps you may consider taking:

1. Save or memorialize in writing relevant statements your boss makes regarding any alleged cannabis use or drug-testing and document any work-required drug testing. 
2. Report any inquiries, drug-testing, or adverse actions that you believe to be unlawful to your employer. If they retaliate against you for reporting it, they have likely committed a separate violation of the law. 
3. Consider filing a complaint through the California Civil Rights Department with or without the help of an attorney. 

If you've faced discrimination based on off-duty cannabis use, consulting with an employment attorney can help you understand your rights and potential remedies under this new law. Reach out today to see if there are things you can do to protect your rights.