Q: Can smoking marijuana affect my employment despite California's laws?

A: Hello. Yes, because Marijuana is still illegal under federal law. The company can choose to follow (or may be required to follow) federal law. Good luck.

A: Yes, your marijuana use could affect your employment despite California's legalization of recreational cannabis. As of January 1, 2024, California enacted Assembly Bill 2188 (AB 2188), which amended the Fair Employment and Housing Act to make it unlawful for employers to discriminate against applicants or employees for using marijuana "off the job and away from the workplace" or for testing positive for non-psychoactive cannabis metabolites.

However, pre-employment drug testing still exists, though with significant changes. Beginning January 1, 2024, employers may only test for the presence of psychoactive metabolites of tetrahydrocannabinol (THC) rather than non-psychoactive metabolites. Importantly, exceptions exist for the building and construction trades and for employers required to test pursuant to federal regulations or contracts. California law still allows employers to require a "suspicionless" drug test as a condition of employment after a job offer but before employment begins, though these tests must now focus on active THC impairment rather than past use.

The property management industry is not explicitly exempt from these new protections, unlike construction industry employees or positions requiring federal background checks. To comply with these laws, many employers have shifted to oral fluid testing or other advanced technologies like breath analysis that detect active drugs rather than metabolites that might remain in your system for weeks after use. For your situation, I recommend asking about the specific testing method being used, understanding your rights under AB 2188, and considering timing your usage appropriately before the test if you're concerned about potential detection of active THC compounds.