Question: For local and state agencies, is off duty marijuana use allowed if your agency receives federal funding?
Great question! To add some context to this question, I think we should go back to November 8, 2016, the date when Proposition 64 – the Adult Use of Marijuana Act – passed by a 57% to 43% vote, legalizing the use, sale, and cultivation of recreational cannabis in California for adults 21 and over. Although this now legalized cannabis use in the state of California, we should remember that it is still illegal at the federal level.
With that said...The passage of new legislation of AB 2188, which went into effect on January 1, 2024, made it unlawful for employers to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the following:
- A person’s use of cannabis off the job and away from the workplace.
- An employer-required drug screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
Be aware that there are some exceptions within this new legislation as it pertains to testing and exemptions with respect to certain applicants and employee types.
In summary, this new legislation does not permit a person to possess, be impaired by, or use cannabis on the job. As such, covered employers may continue to enforce any policies they have prohibiting persons from possessing, being impaired by, or using cannabis while working. However, Due to varying legal interpretations as to whether government agencies are exempt if they receive federal funding, I highly recommend consulting with your legal counsel on advice in this matter.
Congratulations Jeremy Harman, Ventura County Fire Department on your question being selected for this issue of our newsletter! We hope you enjoy your $50 gift certificate. Thanks again for asking Larry!
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