California Prohibits Questions About Applicants’ Prior Cannabis Use
11/02/23
Author: ADP Admin/Tuesday, October 31, 2023/Categories: Compliance Corner , State Compliance Update, California
California has enacted legislation that expressly prohibits an employer from requesting information from an applicant relating to the applicant’s prior use of cannabis. The legislation (Senate Bill 700) takes effect Jan. 1, 2024.
The details
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Existing Law
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Amended Law
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Effective Jan. 1, 2024,California employers are prohibitedfrom discriminating against individuals based on:
- Their use of cannabis while off the job and away from the workplace.
- An employer-required drug test that has found non-psychoactive cannabis metabolites in hair, blood, urine or other bodily fluids.
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California employers are also prohibited from requesting information from an applicant relating to the applicant’s prior use of cannabis.
Information about a person’s prior cannabis use obtained from their criminal history would be exempt from the prohibitions if the employer is permitted to consider or inquire about that information under a specified provision of the California Fair Employment and Housing Act or other state or federal law.
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Next steps
- Consult legal counsel to determine the impact of Senate Bill 700 on current policies and practices, including whether an exemption applies.
- Unless an exemption applies, ensure hiring policies and practices comply with Senate Bill 700 by Jan. 1, 2024.
Please contact your ADP Service Representative with any questions.
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