Bill Would Outlaw Most Marijuana Work Testing

When California voters legalized adult use marijuana in 2016, they created a legal grey area in the workplace. While Prop 64 made use and possession legal, it expressly recognizes an employer’s right to screen employees for cannabis use and to discriminate based on the results. That may finally change.

AB 1256, introduced by Bill Quirk (D-Hayward) would ban employers from using urine or hair follicle cannabis testing to reject prospective employees or discipline those already on the job.

While a hair or urine test may show recent marijuana use, it cannot tell an employer when that use occurred. That’s a problem, according to marijuana advocates.

“You can’t judge a worker by their urine. If you do that, you’re going to have a piss-poor workforce,” Gieringer said.

There are exceptions in the bill for employers who are federally required to test for THC, as well as those in the building and construction industries.

Read more at the Sacramento Bee.