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Off-Duty Cannabis Use and Employment in California

Off-duty cannabis use away from work is protected in most jobs. Showing up impaired, or using cannabis at work, is not.

General education for California employees—not legal advice. Your facts and deadlines control. This is not a Workplace Rights Advocacy case result. It explains the Civil Rights Department workplace notice in plain English. It is not the poster and it is not a complete statement of every exception.

What section 12954 prohibits

Since January 1, 2024, Government Code § 12954 makes it unlawful, with stated exceptions, to discriminate in hiring, termination, or any term of employment because of a person’s use of cannabis off the job and away from the workplace. It is also unlawful to discriminate because an employer-required drug screen found nonpsychoactive cannabis metabolites in hair, blood, urine, or other bodily fluids.

A scientifically valid preemployment screen that does not look for nonpsychoactive metabolites can still be used. Employers also cannot ask an applicant for information about prior cannabis use, again with the statutory exceptions. Information about prior cannabis use that shows up in a criminal-history report is still governed by the fair-chance hiring rules.

What the statute does not allow

The statute does not permit an employee to possess, use, or be impaired by cannabis on the job. Employers may still keep a drug- and alcohol-free workplace. The protection does not apply to employees in the building and construction trades. It does not override federal testing rules tied to federal funding, federal licensing, or a federal contract. It does not apply to positions that require a federal background investigation or security clearance under Department of Defense regulations or an equivalent rule for another agency.

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