Proposed Law Could Diminish Need for Workplace Drug Testing in California

As we’ve discussed here previously, the more widespread legalization of marijuana use around the country is presenting any number of challenges for urgent care providers who offer drug-testing services to occupational medicine customers. One wrinkle: Legalization does not necessarily affect regulations laid down by employers regarding employee use. Some legislators in California want to put a stop to that by enacting legislation that would protect workers from disciplinary action, including dismissal, for using marijuana. Assembly Bill 2069 would prohibit employers from “discriminating” against employees “on the basis of his or her status as, or positive drug test for cannabis by, a qualified patient or person with an identification card.” The bill would add medicinal marijuana patients to the list of protected classes under the anti-discrimination statute in California’s Fair Employment and Housing Act. A similar law was enacted in Maine on February 1. California AB 2069 does include a provision for doling out “corrective action” regarding employees who are impaired on the job, or even on the employer’s property.