September 27, 2022

SACRAMENTO, Calif. (AP) — California might quickly turn out to be the seventh state to ensure folks gained’t lose their jobs in the event that they smoke marijuana after they’re behind schedule.

State lawmakers on Tuesday handed a invoice that might stop firms from punishing staff for failing a sure kind of drug check that detects not whether or not an individual is excessive, however whether or not the individual has used medication. marijuana currently.

These checks, which depend on urine or hair samples, search for a substance the physique makes when it breaks down THC, the primary psychoactive compound in marijuana. However this substance, known as metabolites, can keep in an individual’s physique for weeks after utilizing marijuana, in accordance with the Mayo Clinic, which suggests folks can fail a drug check even when they don’t seem to be weakened.

The laws would stop staff from being punished in the event that they fail these kinds of drug checks. Firms might nonetheless punish staff for failing different forms of checks that use saliva and are higher at figuring out if somebody is presently excessive.

The invoice now goes to the workplace of Democratic Gov. Gavin Newsom, who has till the tip of September to resolve whether or not or to not signal it. It might enter into power on January 1, 2024.

“Nothing on this invoice would enable anybody to come back (work) excessive,” mentioned Assemblyman Invoice Quirk, a Hayward Democrat and the invoice’s writer.

Six different states — Nevada, New York, New Jersey, Connecticut, Montana and Rhode Island — have legal guidelines defending staff’ rights to make use of marijuana recreationally, in accordance with the Nationwide Group for Marijuana Legislation Reform. Twenty-one states have legal guidelines defending staff who use medical marijuana from discrimination.

Unions argue that it’s unfair to punish staff for doing one thing authorized outdoors of their jobs that doesn’t intervene with their job tasks.

“Utilizing outdated hashish checks solely makes staff really feel insecure and harassed at work, it doesn’t enhance office security,” mentioned Matt Bell, native union secretary-treasurer. 324 of the United Meals and Industrial Employees.

The invoice contains numerous exceptions to guard employers. It doesn’t apply to firms that should carry out drug testing to obtain federal funding or adjust to federal contracts. Nor does it apply to anybody working within the constructing and development trades, an business that receives a variety of federal funding.

Nonetheless, the California Chamber of Commerce opposed the laws as a result of it will “create a protected standing for marijuana use” in state legislation that prohibits discrimination within the office.

“Put merely: Marijuana use just isn’t the identical as defending staff from discrimination primarily based on race or nationwide origin,” the chamber wrote in a letter to lawmakers.

Not all information on the positioning expresses the standpoint of the positioning, however we transmit this information mechanically and translate it by way of programmatic know-how on the positioning and never from a human editor.