California employees will soon officially have protections from discrimination based on their use of cannabis or marijuana while off the clock and away from the workplace.

The new protections come from an amendment to California’s Fair Employment and Housing Act (AB 2188) which was approved by Governor Gavin Newsom on Sept. 18, 2022, and goes into effect on Jan. 1, 2024. The bill makes it unlawful for an employer to not hire, penalize, or terminate a person based on their use of cannabis products outside of work.

AB 2188 prohibits employers from holding drug screen results against an applicant if the test reveals evidence of past marijuana use. The new general intent of employment-related drug testing is to test for impairment on the job and/or at the worksite, not for long-term use.

Additionally, it will become illegal for employers to ask potential employees if they have used cannabis or marijuana.