New California Drug Test Laws

As of January 2024, a new California law will prohibit employers from penalizing or discriminating against employees who use cannabis outside the workplace and during their off-hours. The shift in California’s drug testing laws is a massive change, and hopefully, one that inspires other states to do the same. Here are the details you need to know about getting high off the clock in California, plus what you can do to pass a drug test in the meantime.

Details of the Latest California Drug Testing Legislation 

California Governor Gavin Newsom signed legislation amending the California Fair Employment and Housing Act. The amendment bans any discrimination toward cannabis consumers, including in the workplace. Existing employment protections bar employers from discriminating against applicants based on medical disability, race, age, or other protected statuses.

Assembly Bill 2188 states that it is “unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person.� 

Drug tests which employers usually use to determine whether an employee has been doing drugs, will not be used as grounds for firing or prohibiting the hiring of new workers—these tests only indicate if some kind of drug has been partaken in but do not signify how long ago.

Cannabis remains detectable in urine tests for as long as 30 days (or longer if hair follicle testing is used).

Employers with workplace drug policies should review and update their policies immediately, prior to the law going into effect.

Employers may still enforce a drug-free workplace. The law does not allow employees to show up to work impaired or consume while on the job, so employers can maintain their zero-tolerance policies even though off-the-clock consumption cannot be used as a basis for termination.

Who Does the New Law Protect?

The new law only applies to applicants and employees who are not required, as a condition of employment, to be tested prior to receiving funding from the federal government or benefits related to licensing.

The law does not apply to those employees who are subject to federal background checks because of the nature or sensitivity of their jobs, including several government-based positions.

Advocates of this bill hope that, in time, drug testing for THC and its metabolites will be viewed as a relic of past cannabis prohibition or treated differently than standard drug tests. For now, employers may still drug test.

Instead of urine drug testing, which is the most common type of workplace drug-testing method, oral swab testing will be used.

A mouth swab can detect THC in a person's system for no longer than one day, while urine tests have a detection period of up to 30 days. It is most useful for determining whether someone has recently used marijuana or is currently intoxicated. 

How to Pass a Drug Test Before the New Law Kicks In

Californians have another year to go before Governor Newsom’s legislation is enacted, which means plenty of people are still subject to discrimination for cannabis use. In the meantime, the best way to pass any kind of drug test is with a detox kit or drink from Pass Your Test. This is a company with thousands of success stories from happy customers who beat their drug test when they know they shouldn’t have been able to. 

Pass Your Test offers a wide range of products, ranging from Total Body Cleansers to Permanent Detox Kits and even Detox Shampoo. Got a drug test on short notice? Reach for the Fail Safe Kit. This capsule and shot combo go to work fast to offer you a window of zero detection for THC. With overnight shipping, Pass Your Test is your best bet for passing a drug test and keeping your test. Until next year, keep your cupboard stocked with reassurance from the best detox kits on the market.