A new law in CA might allegedly offer some protection for workers who are tested for cannabis and who might test positive for using cannabis during their off work hours.
For those who use cannabis during their off work hours it could test positive and seem like they used it during work hours and be difficult to differentiate. Is that fair that they should be punished if they used it on their off time, or if they used it on their off time for medicinal purposes for example? Employees aren't allowed to drink on the job, though they are free to drink during off hours, but they don't face the same difficulty like with cannabis when it comes to testing.
How can they use it on their off time and then pass a test during work hours if it hasn't been a long enough time to leave their system? It's a complicated situation for workers and some might be risking their job with their lifestyle and for those reasons stay away from it altogether.
With the newly proposed legislation it might give some changes but not offer protection for employees in all industries though.
Some workers have already voiced their concern for the seeming discrimination over what they do in their off time and how that could impact their job the next day. For some job positions they've made the decision to do away with cannabis testing in an effort to possibly attract more interest in the market for the job, though testing is still widespread in various industries today.
It can be difficult to prove their sobriety during work hours if they use within months during their off work time. However, some states might start testing a certain level of impairment but it isn't clear how that's going to work exactly.
Sources:
https://www.nbcsandiego.com/news/california/2024-ca-law-will-protect-workers-using-cannabis-on-own-time-except-in-these-industries/3383674/
https://www.cbsnews.com/news/should-employers-keep-testing-workers-for-pot/
https://news.yahoo.com/more-companies-decide-stop-screening-224947206.html