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California Senate Passes Bill To Stop Employers From Asking About Past Marijuana Use

The California Senate has approved a bill that would prohibit employers from asking job applicants about prior marijuana use.

After moving through four committees, the legislation from Sen. Steven Bradford (D) passed on the floor in a 29-9 vote on Tuesday, sending it to the Assembly for consideration.

It 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.

“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 upon” off-duty marijuana use or drug tests that reveal cannabinoid metabolites.

There are exceptions to the policy for workers “in the building and construction trades,” as well as those that require federal background checks and security clearances.

If the bill that’s advancing this session is ultimately sent to the governor and signed, it would take effect January 1, 2024. That’s

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