SB 1264 Employment discrimination: cannabis use

This bill is part of the 2024 Cannabis Bills section of our ongoing update on California Cannabis Legislation – see the full California Cannabis Law Legislative Update which includes information on cannabis bills from other years.

SB 1264 (Grove R) Employment discrimination: cannabis use.

Existing law prohibits an employer from discriminating against a person in hiring, termination, or a term or condition of employment, or otherwise penalizing a person because of the person’s use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Existing law exempts certain applicants and employees from those provisions, including applicants and employees hired for positions that require a federal government background investigation or security clearance, as specified.

This bill, until January 1, 2028, would exempt from the provision prohibiting employers from discriminating against a person for use of cannabis off the job and away from the workplace applicants and employees in sworn positions within law enforcement agencies who have certain functions, including functions related civil enforcement matters or coroner functions.

Read more about California Cannabis Legislation – see the full California Cannabis Law Legislative Update.

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