Amended IN Senate April 18, 2024 Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1264Introduced by Senator GroveFebruary 15, 2024An act to amend Section 12954 of the Government Code, relating to employment discrimination. LEGISLATIVE COUNSEL'S DIGESTSB 1264, as amended, Grove. Employment discrimination: cannabis use.Existing law prohibits an employer from discriminating against a person in hiring, termination, or a term or condition of employment, or otherwise penalizing a person because of the persons use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Existing law exempts certain applicants and employees from those provisions, including applicants and employees hired for positions that require a federal government background investigation or security clearance, as specified.This bill would also exempt from those provisions specified other applicants and employees in sworn or nonsworn positions within law enforcement agencies, including applicants and employees who have functions related to civil enforcement matters, animal control, or coroner functions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12954 of the Government Code is amended to read:12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
Amended IN Senate April 18, 2024 Amended IN Senate March 19, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1264Introduced by Senator GroveFebruary 15, 2024An act to amend Section 12954 of the Government Code, relating to employment discrimination. LEGISLATIVE COUNSEL'S DIGESTSB 1264, as amended, Grove. Employment discrimination: cannabis use.Existing law prohibits an employer from discriminating against a person in hiring, termination, or a term or condition of employment, or otherwise penalizing a person because of the persons use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Existing law exempts certain applicants and employees from those provisions, including applicants and employees hired for positions that require a federal government background investigation or security clearance, as specified.This bill would also exempt from those provisions specified other applicants and employees in sworn or nonsworn positions within law enforcement agencies, including applicants and employees who have functions related to civil enforcement matters, animal control, or coroner functions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 18, 2024 Amended IN Senate March 19, 2024
Amended IN Senate April 18, 2024
Amended IN Senate March 19, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1264
Introduced by Senator GroveFebruary 15, 2024
Introduced by Senator Grove
February 15, 2024
An act to amend Section 12954 of the Government Code, relating to employment discrimination.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1264, as amended, Grove. Employment discrimination: cannabis use.
Existing law prohibits an employer from discriminating against a person in hiring, termination, or a term or condition of employment, or otherwise penalizing a person because of the persons use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Existing law exempts certain applicants and employees from those provisions, including applicants and employees hired for positions that require a federal government background investigation or security clearance, as specified.This bill would also exempt from those provisions specified other applicants and employees in sworn or nonsworn positions within law enforcement agencies, including applicants and employees who have functions related to civil enforcement matters, animal control, or coroner functions.
Existing law prohibits an employer from discriminating against a person in hiring, termination, or a term or condition of employment, or otherwise penalizing a person because of the persons use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. Existing law exempts certain applicants and employees from those provisions, including applicants and employees hired for positions that require a federal government background investigation or security clearance, as specified.
This bill would also exempt from those provisions specified other applicants and employees in sworn or nonsworn positions within law enforcement agencies, including applicants and employees who have functions related to civil enforcement matters, animal control, or coroner functions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12954 of the Government Code is amended to read:12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12954 of the Government Code is amended to read:12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
SECTION 1. Section 12954 of the Government Code is amended to read:
### SECTION 1.
12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.(2) This subdivision does not apply to an to:(A) An employee in the building and construction trades.(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:(i) The apprehension, incarceration, or correction of criminal offenders.(ii) Civil enforcement matters.(iii) Dispatch and other public safety communications.(iv) Evidence gathering and processing.(v) Law enforcement records.(vi) Animal control.(vii) Community service duties.(viii) Public administrator or public guardian duties.(ix) Coroner functions.(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:(1)The apprehension, incarceration, or correction of criminal offenders.(2)Civil enforcement matters.(3)Dispatch and other public safety communications.(4)Evidence gathering and processing.(5)Law enforcement records.(6)Animal control.(7)Community services duties.(8)Public administrator or public guardian duties.(9)Coroner functions.
12954. (a) (1) Except as specified in subdivision (c), 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, if the discrimination is based upon any of the following:
(A) The persons use of cannabis off the job and away from the workplace. This paragraph does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalize a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.
(B) An employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
(2) This subdivision does not apply to an to:
(A) An employee in the building and construction trades.
(B) Applicants to, or employees in, sworn or unsworn positions within law enforcement who have or would have functions or activities related to any of the following:
(i) The apprehension, incarceration, or correction of criminal offenders.
(ii) Civil enforcement matters.
(iii) Dispatch and other public safety communications.
(iv) Evidence gathering and processing.
(v) Law enforcement records.
(vi) Animal control.
(vii) Community service duties.
(viii) Public administrator or public guardian duties.
(ix) Coroner functions.
(b) Except as specified in subdivision (c), it is unlawful for an employer to request information from an applicant for employment relating to the applicants prior use of cannabis.
(c) Information about a persons prior cannabis use obtained from the persons criminal history is subject to subdivisions (a) and (b), unless the employer is permitted to consider or inquire about that information under Section 12952 or other state or federal law.
(d) This section does not permit an employee to possess, to be impaired by, or to use, cannabis on the job, or affect the rights or obligations of an employer to maintain a drug- and alcohol-free workplace, as specified in Section 11362.45 of the Health and Safety Code, or any other rights or obligations of an employer specified by state or federal law or regulation.
(e) This section does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances, including laws and regulations requiring applicants or employees to be tested, or the manner in which they are tested, as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.
(f) This section does not apply to applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with regulations issued by the United States Department of Defense pursuant to Part 117 of Title 32 of the Code of Federal Regulations, or equivalent regulations applicable to other agencies.
(g)This section does not apply to applicants to or employees in sworn or nonsworn positions within law enforcement agencies who have or would have functions or activities related to any of the following:
(1)The apprehension, incarceration, or correction of criminal offenders.
(2)Civil enforcement matters.
(3)Dispatch and other public safety communications.
(4)Evidence gathering and processing.
(5)Law enforcement records.
(6)Animal control.
(7)Community services duties.
(8)Public administrator or public guardian duties.
(9)Coroner functions.