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California Employers Could Not Ask About Past Marijuana Use Under Bill Sent To Governor’s Desk

California lawmakers have sent the governor a bill that would prohibit employers from asking job applicants about prior marijuana use.

One day after the Assembly passed an amended version of the Senate bill, the originating chamber on Thursday signed off on those changes in a vote of 30-8. It now heads to the desk of Gov. Gavin Newsom (D).

When employers ask applicants about past marijuana use, it “not only dissuades candidates from applying for these positions but also leads to situations in which individuals respond dishonestly to get the job,” Assemblymember Ash Kalra (D) said during on the floor of his chamber earlier this week.

The bill would build on existing employment protections enacted last session that bar employers from penalizing most workers for using cannabis in compliance with state law off the job.

With certain exceptions, “it is unlawful for an employer to request information from an applicant for employment relating to the applicant’s prior use of cannabis,” the bill text says.

Current law as enacted last year says that it is unlawful for employers “to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based

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