California Cannabis Employment Protections

Last verified: March 2026

AB 2188: Off-Duty Use Protection

Assembly Bill 2188, effective January 1, 2024, amended California's Fair Employment and Housing Act (FEHA) to prohibit employer discrimination against employees and job applicants based on their off-duty cannabis use. This is one of the most significant cannabis employment protections in any state.

The core provisions of AB 2188:

• Off-duty use is protected: Employers cannot take adverse employment action — firing, refusing to hire, demoting, or disciplining — based solely on a person's use of cannabis outside of work and away from the workplace
• Non-psychoactive metabolite tests are banned: Employers cannot use drug tests that detect non-psychoactive cannabis metabolites (THC-COOH) as the basis for employment decisions. These metabolites indicate past use — days or weeks prior — not current impairment
• Active THC testing required: If employers choose to drug test, they must use tests that detect active THC (delta-9-THC), which indicates recent consumption rather than historical use. This effectively mandates a shift away from traditional urine tests toward blood, saliva, or newer oral-fluid technologies
• On-the-job impairment remains prohibited: Nothing in AB 2188 protects employees who are impaired at work. Employers retain full authority to enforce workplace policies against impairment, possession, or use during work hours

SB 700: Hiring History Protection

Senate Bill 700, also effective January 1, 2024, complements AB 2188 by addressing the hiring process specifically. SB 700 prohibits employers from:

• Asking about prior cannabis use: Employers cannot ask job applicants about their previous cannabis use during interviews, on applications, or through any other hiring inquiry
• Using prior cannabis use against applicants: Information about past cannabis use discovered through background checks or other means cannot be used as a factor in hiring decisions

Together, AB 2188 and SB 700 create a comprehensive framework: employers cannot ask about your past use (SB 700), cannot test for historical metabolites (AB 2188), and cannot fire you for what you do off the clock (AB 2188). The protections apply to both recreational and medical cannabis users.

Exemptions: Who Is Not Protected

AB 2188 carves out several categories of employees who are not protected by the off-duty use provisions. These exemptions reflect federal regulations and safety concerns that override state employment protections:

• Building and construction trades: Employees in the building and construction trades are explicitly exempted. This includes electricians, plumbers, carpenters, ironworkers, and other construction workers. The exemption reflects both safety concerns and federal prevailing-wage contract requirements
• Federal security clearance holders: Employees who hold or are required to hold a federal security clearance of any level. Cannabis use remains a disqualifying factor for security clearances under federal adjudicative guidelines
• DOT-regulated positions: Commercial vehicle drivers, airline pilots, train operators, pipeline workers, and other positions regulated by the U.S. Department of Transportation. DOT maintains mandatory drug testing programs under 49 CFR Part 40 that include cannabis, regardless of state law
• Federal contractors: Positions subject to the Drug-Free Workplace Act of 1988, which requires certain federal contractors and grantees to maintain drug-free workplace policies

If your position falls under any of these exemptions, your employer retains full authority to test for cannabis (including metabolites) and to take adverse action based on a positive result.

Landlord and Housing Rights

Employment protections do not extend to housing. Under HSC §11362.45(h), property owners and landlords can prohibit cannabis use and possession on their property through lease terms. This includes:

• Private rentals: Landlords may include no-cannabis clauses in residential leases. Smoking, vaping, and even edible consumption can be prohibited. Violations are enforceable through standard lease violation and eviction procedures
• Federal housing: Section 8 voucher recipients, public housing residents, and anyone in HUD-funded housing are prohibited from all cannabis use. Federal housing policy treats cannabis as a Schedule I substance. A positive drug test or evidence of cannabis use can result in eviction and loss of housing assistance
• HOA-governed properties: Homeowner associations may adopt rules restricting cannabis smoking and cultivation in common areas and, in some cases, within individual units

Practical Guidance for Employees

AB 2188 is enforced through the California Civil Rights Department (CRD), the same agency that handles all FEHA complaints. If you believe you have been discriminated against based on off-duty cannabis use:

• File a complaint with the CRD within one year of the adverse employment action
• Document the testing method: If you were terminated based on a urine test that detected only non-psychoactive metabolites, this is the strongest type of AB 2188 claim
• Confirm your exemption status: Verify whether your position falls under any of the carve-outs before pursuing a claim
• Know the limits: AB 2188 does not protect on-the-job use or impairment. If your employer can demonstrate you were impaired at work, the law does not shield you