California And Washington Employers Must Adjust Marijuana Testing Procedures By January 1, 2024

Starting January 1, 2024, California's AB 2188 and Washington's SB 5123 will prohibit employers from discriminating against job applicants based on their off-duty cannabis use or non-psychoactive cannabis metabolites found in pre-employment drug tests. Employers need to revise their drug testing practices accordingly, potentially considering oral fluid screening.

 The laws aim to protect lawful marijuana users from discrimination while ensuring a safe work environment. California's AB 2188 specifically protects employees and applicants who engage in off-duty cannabis use, allowing employers to take action only if impairment at work is demonstrated. It also outlines exceptions for certain employees and positions.  

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