Certain types of workplace drug testing would be a thing of the past in California if legislation making its way through Sacramento becomes law.
Hayward Assemblyman Bill Quirk recently introduced AB-1256, which would prevent companies from using hair or urine tests to screen job applicants for marijuana use.
"These kinds of tests don’t have anything to do with whether you’re under the influence," explained Dr. Dale Gieringer, an expert on marijuana policy with CA NORML, an advocacy group that is sponsoring the bill.
The issue is that hair and urine tests can detect whether or not someone has used marijuana in the past, but not if they are actively intoxicated.
"That kind of testing is sort of similar to going through workers’ private trash to see if they have empty beer cans or wine bottles or something like that at the end of the week, and then saying you must be an alcoholic," said Dr. Gieringer.
California voters legalized recreational marijuana use back in 2018, and advocates say that people should not be denied jobs because they engage in a legal activity on their own time.
"I’m really excited to hear that representatives in the state are trying to help prevent discrimination for people who do use either recreationally or medically," said a dispensary customer to KCBS Radio.
Some employers would be exempt, such as those required by federal law to drug test, and testing that measures whether someone is actively under the influence would still be allowed.