Workers can’t be fired for off-the-clock cannabis use under new law signed by Newsom

California workers who use marijuana off-the-clock will no longer be penalized, per one bill among a package of cannabis-related legislation Gov. Gavin Newsom signed Sunday.

The promise of cannabis legalization remains out of reach for “far too many Californians,” Newsom said in a Sunday statement.

“These measures build on the important strides our state has made toward this goal, but much work remains to build an equitable, safe and sustainable legal cannabis industry,” Newsom said.

AB2188, which makes it illegal for employers to discriminate against employees for their cannabis use in their personal lives, will take effect Jan. 1, 2024. Workers can still be penalized for coming to work high.

The bill also prohibits employers from discriminating against workers based on results from common drug tests that detect only inactive cannabis compounds, such as urine, blood or hair tests. Such tests can detect marjuana use from days, weeks and even months prior.

AB2188 instead calls for employers to use tests that check for tetrahydrocannabinol, or THC, “the chemical compound in cannabis that can indicate impairment and cause psychoactive effects,” according to the bill.

The bill doesn’t apply to employees in the building and construction industries. It also doesn’t preempt state or federal laws requiring workers to be tested for attaining certain jobs, receiving federal funding or entering into a federal contract.

The passage of AB2188 is a victory for workers, said Jim Araby, a director of strategic campaigns with the United Food and Commercial Workers Western States Council, in a statement.

“No employee deserves to feel stigmatized and unsafe at work because of an outdated testing method. There are much more accurate, modern-day cannabis testing methods, like oral swabs, that are able to detect recent use and increase workplace safety,” Araby said.

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AB2188 was written by Assembly Member Bill Quirk, D-Hayward, as one of his final pieces of legislation before he retires later this year.

Another bill signed into law by Newsom, SB1186, intends to expand medical marijuana access. It prohibits municipalities from banning both medical marijuana delivery service and a medical marijuana storefront - in other words, localities need to allow at least one to operate.

SB1186, by Sen. Scott Wiener, also takes effect Jan. 1, 2024. The bill is meant to amend Proposition 64, which legalized recreational cannabis use for adults in 2016 but also allowed for local bans on dispensaries.

Some cannabis-related bills signed into law by Newsom Sunday include a measure to ensure Californians with old cannabis-related convictions have their convictions sealed and another to facilitate interstate cannabis transactions, among others.

Claire Hao is a San Francisco Chronicle staff writer. Email: [email protected], Twitter: clairehao_