Latest California Workplace Marijuana Law Leaves Even More Space for Litigation
California governor Gavin Newsom signed a new cannabis hiring bill into law that makes it illegal for employers to ask potential hires about past marijuana use.
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The newest marijuana laws may cause undue litigation risk for employers, said Blank Rome partner Howard Knee.
“I kind of look at this as a solution to a problem that really doesn't exist,” said Knee. “It prohibits employers essentially from deciding not to hire somebody because of past marijuana use, or marijuana use away from the workplace. Which is typically found when employers conduct post-offer pre-employment drug tests.”
Knee’s advice for employers who are testing for marijuana use is to keep a paper trail documenting their reasons for not hiring in the case of a positive test result. The same goes for termination after a drug test.
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"Latest California Workplace Marijuana Law Leaves Even More Space for Litigation," by Stacy Thomas was published in Human Resources Director on October 18, 2023.