On September 18, 2022, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 2188, which prohibits employer discrimination based on employees’ use of cannabis off the job and away from the workplace. While recreational use of cannabis, or marijuana, has been legal in California since 2016, the new law goes farther in specifically providing protections for employees who consume the substance. AB 2188 makes California the most recent state to provide workplace protections for use of marijuana away from the workplace. The bill will become effective beginning January 1, 2024.
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