Are there laws regulating drug testing in California?

CA A.B. 2188 takes effect January 1, 2024, this new law will prevent most employers from discriminating against a person in hiring, termination, or other employment actions based on the individual’s use of cannabis off the job and away from the workplace. With current methodologies for marijuana drug testing, is is advised as of January 1, 2024 for Non-DOT companies to stop testing for marijuana. To take adverse action, impairment must be proved and current methodologies for marijuana drug testing do not detect impairment.

Drug Testing Laws in California

  • This is a “HYBRID” state, meaning some employers are required to test certain workers –Public Transportation employees (California Public Utilities Commission).
  • Otherwise, this is a MANDATORY state with Supreme Court decisions limiting who and when employers may random drug test (safety and promotion to safety) in the workplace.
  • Limit suspicion less testing such as random testing to safety-sensitive occupations.

Enforcement is very strict for transportation related employers and their drug testing programs in California.  The California controlled substances and alcohol testing compliance program is enforced by the State of California Department of California Highway Patrol (CHP).  The Basic Inspection of Terminals (BIT) Program ensures the safe operation of regulated vehicles by motor carriers. Primarily, the intent of this program is to ensure truck terminals are inspected by the California Highway Patrol (CHP) on a performance-based inspection selection system.  The BIT inspection may include an audit of the employer’s controlled substances and alcohol testing compliance program.  

See more on our California State Law page.

See more about employment drug testing for marijuana in California.

Know the New Marijuana Laws Affecting California Employers

With the changing legal landscape surrounding marijuana use, California is once again leading the charge. But how does this impact you as an employer? Here’s what you need to know about the recent changes, effective January 1, 2024.