Authored by former Assemblyman Bill Quirk, D-Hayward, AB 2188 was signed into law by Gov. Gavin Newsom on Sept. 18 as a workplace anti-discrimination statute.
A law barring California businesses from penalizing or firing employees who use marijuana on their own timeAssembly Bill 2188, set to take effect Jan. 1., prohibits employers from discriminating against workers who are found to have traces of cannabis in their hair, blood, urine or other bodily fluids by a test that detects only whether an employee has consumed cannabis in recent weeks.
Assembly Bil 2188 promotes marijuana use to a protected class, on par with race, color, religion, sex, national origin or disability. Authored by former Assemblyman Bill Quirk, D-Hayward, AB 2188 was signed into law by Gov. Gavin Newsom on Sept. 18 as a workplace anti-discrimination statute that amends the Fair Employment and Housing Act to protect off-duty, off-site cannabis use.
“I feel like we’ve swung from one direction where pot was viewed as a killer weed, to the other way, where it’s almost like a health food because of all the medicinal use,” he said. “And we have mandatory break times in California. Will someone be able to walk out of a business on their break — which could be off premises and on their own time — and smoke a joint and come back in?”“I had a bartender who went out on the break, got blasted, came back in and couldn’t make the drinks,” he said.
“Our concern with AB 2188 isn’t with the science or the policy, it’s with the feasibility of the transition,” said Rob Moutrie, an attorney and policy advocate with CalChamber. “It’s the availability of testing and making sure businesses are aware of all this so they can start lining up their supplies. That takes time.”
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