Employers in California have 15 months to identify the best method for determining whether employees are inebriated and attempting to do their duties after consuming marijuana. There isn't yet a reliable way to do that, according to scientists and lawyers.
According to Barry Sample, senior science consultant for Quest Diagnostics Inc.'s Employer Solutions division, "None of these workforce drug tests can assess impairment."
Employees cannot be penalized for consuming marijuana recreationally outside of work. Within hours, THC breathalyzers might identify marijuana use.
Gov. Gavin Newsom (D) of California signed A.B. 2188 on Sunday, making it illegal for companies to treat employees differently if they use cannabis during non-working hours. The new law becomes operative on January 1, 2024.