California Prohibits Questions About Applicants’ Prior Cannabis Use

Existing Law

Amended Law

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.

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.