California cannabis employment and drug testing law
Off-duty use protected. Employers can’t discriminate over off-the-job, away-from-work use or over tests that only find nonpsychoactive metabolites; impairment-style tests are allowed. Status: Off-duty use protected — State law limits adverse action over lawful, off-duty cannabis use, with exceptions. Main source: Cal.
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Key Takeaways
- Status: Off-duty use protected — State law limits adverse action over lawful, off-duty cannabis use, with exceptions.
- Main source: Cal. Gov. Code § 12954.
- Federal testing rules (DOT and federal workplace programs) apply regardless of state law.
What the law protects
- Government Code § 12954 makes it unlawful to discriminate in hiring, termination, or any term or condition of employment, or otherwise penalize a person, because of the person’s use of cannabis off the job and away from the workplace.
- It is likewise unlawful to act on an employer-required drug screening test that found nonpsychoactive cannabis metabolites in hair, blood, urine, or other bodily fluids.
- Employers may not request information from an applicant about their prior use of cannabis. Prior-use information from criminal history is covered too, unless another state or federal law lets the employer consider it.
Exceptions and limits
- The law does not permit an employee to possess, be impaired by, or use cannabis on the job, and employers can keep a drug- and alcohol-free workplace.
- The off-duty and metabolite protections do not apply to employees in the building and construction trades.
- It does not preempt laws requiring testing for federal funding, federal licensing-related benefits, or federal contracts, or apply to applicants and employees hired for positions that require a federal background investigation or security clearance.
Drug testing rules
- Scientifically valid pre-employment screening that does not screen for nonpsychoactive cannabis metabolites remains allowed, as do tests required by state or federal law. Common urine screens look for the THC metabolite, which is why this distinction matters.
Notes and history
- The off-duty and testing protections took effect January 1, 2024; the applicant-question rule was added by SB 700 (Stats. 2023, ch. 408).
Federal law and testing
Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.
Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.
For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.
Common questions
Can you be fired for using cannabis in California?
California law (Cal. Gov. Code § 12954) limits adverse action over lawful off-duty cannabis use, but it has exceptions — including impairment or use at work, federally regulated or funded jobs, and specific positions listed in the statute. It is not a blanket protection.
Can California employers still drug test for THC?
Testing is limited in some situations but not banned outright. Read the testing section above for what Cal. Gov. Code § 12954 allows, and remember that federally required tests (for example DOT-regulated jobs) are unaffected.
Does California law protect CDL drivers or federal workers?
No state law overrides federal testing rules. DOT-regulated employees remain subject to federal cannabis testing, and a state medical recommendation is not an accepted explanation for a positive result.
Sources
- government California Government Code § 12954 (California Legislative Information) ↗ accessed 2026-10-03
- government eCFR, 49 CFR § 40.151 — What are MROs prohibited from doing as part of the verification process? (U.S. DOT) ↗ accessed 2026-10-03
- government Federal Register, Mandatory Guidelines for Federal Workplace Drug Testing Programs: Authorized Testing Panels (March 13, 2026) ↗ accessed 2026-10-03