Can employers test for THC in California for hiring and workplace safety?

See when California employers may test workers for THC under AB 2188 without violating state protections for off-duty cannabis use. Review allowed testing methods, safety-sensitive role policies, and steps to align workplace drug testing programs with current impairment standards.

By Douglas Wade, Attorney

Email | Call (800) 484-4610

Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. California drug-testing regulation changes

3. What are the options available to employers?

4. Things that employers cannot do

5. What are California employers supposed to do now?

6. How to Handle the Policy

Introduction

Employers need to implement a procedure for alcohol or drug screening for workers & job seekers. Most importantly, in safety-sensitive professions. This is to prevent substance abuse from impacting the work environment by employees both on & off the job.

Can employers test for THC in California the same way they used to? Not exactly. State laws place several limitations on what and how employers can conduct drug tests.

Colorado, Minnesota, and other states are probably going to follow soon after California, which is already providing greater protection for its employees.

What is it that California businesses need to know?

California drug-testing regulation changes

The California Fair Employment and Housing Act (FEHA) has been updated by Assembly Bill 2188 (AB 2188). It requires employers with 5 or more workers to prove that a worker’s alleged cannabis use affected their performance at work. They cannot discipline any workers or applicants without that.

In essence, the law prohibits discrimination, termination, and other forms of punishment by employers against employees if:

There is cannabis usage by a candidate or employee who is not on the clock; or
Non-psychoactive marijuana metabolites are detected in the drug test

One may ask again, “Can employers test for THC in California under these conditions?” Only if they focus on current impairment and not on past cannabis use, which leaves behind inactive traces.

What are the options available to employers?

Employers have the authority to make employment choices on drug screenings that address a worker’s “current impairment” or whether they have activated cannabis metabolites. This also holds true for those who decide to consume cannabis at work. Serious consequences may follow from such use (termination, disciplinary actions, and other sanctions).

Tetrahydrocannabinol, or THC, is the primary ingredient in cannabis that can cause euphoria and signal impairment. After ingestion, it undergoes processing and storage as a metabolite that is not psychoactive.

This means that instead of testing for non-psychoactive cannabis metabolites, companies must utilize “scientifically acceptable pre-employment drug testing.”

These methods consist of:

Drug test with oral saliva
Breathalyzer drug test for THC
Drug test in the blood

Furthermore, this bill does not supersede federal or state rules and regulations, including those of the Department of Transportation, that mandate controlled substance testing for job candidates or employees.

Urine drug screening is still an option for these personnel.

Things that employers cannot do

The legislation prohibits discrimination on the basis of a drug test finding non-psychoactive marijuana metabolites in the worker’s system.

Employers are therefore prohibited from using these drug-testing techniques:

Drug testing in urine
Drug testing on hair

People may test positive for such substances for weeks after consuming marijuana, which explains this protection.

Can employers test for THC in California with these traditional methods? No, they must use alternative testing that identifies actual impairment.

What are California employers supposed to do now?

In light of this new rule and the close of the year, employers must update their drug-testing procedures.

Employers need to either eliminate their current urine-based pre-employment cannabis testing programs or replace them with one of the other authorized drug testing procedures (blood, oral saliva, or THC breathalyzer).

It is important to establish a specific threshold before testing begins.

For example, only jobs that are safety-sensitive might need to have pre-employment testing requirements. For ethical businesses, safety at work is the top priority. According to the ACDE, substance users are almost five times more likely to injure themselves at work and 3.5 times more likely to be involved in workplace accidents. A business’s drug-testing strategy should make it clear which jobs are safety-sensitive.

You may determine that pre-employment screening is not necessary, but you still want to be able to hold a worker accountable if they cause an accident on the job or just say that it is unacceptable to be high at work. A post-accident or probable drug test should therefore be required of all employees when an accident happens or drugs are discovered at work (according to your policy).

Employers have to ensure that any changes to their policies comply with local, state, & federal standards. They should consult with their employment and labor counsel.

Can employers test for THC in California randomly without cause? Only within the boundaries of the updated FEHA and AB 2188 laws.

How to Handle the Policy

Drug testing rules are not only difficult to draft, but all supervisors must comprehend and effectively implement them.

Customized policy creation can be aided by a professional medical group.

Drug testing regulations can be intricate and should take into account:

The Policy’s Objective

Types of Specimens
Methods of Testing
Disclosure of Prescription Drugs
Federal Rules (DOT)
State laws pertaining to marijuana and drug testing
Workers’ Compensation
The ADA
Prohibited Behavior
Repercussions

You might need various services like physical exams, audiograms, and drug tests, which may also have to be conducted on-site. Can employers test for THC in California? Yes, but only under strict conditions that focus on present impairment, not past use.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment

Most recent blogs:

Can Owners Take Tips in California? A Complete Guide to State Tip Laws and Employee Rights

Find out when California business owners can share in tips, how tip pooling works, and minimum wage obligations. Get a breakdown of employee tip rights, illegal practices, service charges, penalties, and protection options for California workers.

Right to Disconnect Laws in California: AB 2751 for Employers and Employees

See how California's AB 2751 right to disconnect bill could reshape after-hours communication between employers and employees. Review potential effects on work-life balance, stress, productivity, and compliance planning as organizations anticipate possible enforcement.

Defamation California: Key Laws, Legal Defenses, and Damages Explained

Get an overview of California defamation law, including libel, slander, negligence standards, and the difference between public and private figures. Review key defenses, retraction rules, and available damages such as actual, compensatory, punitive, and emotional distress awards.

What Is a Level 1 Background Check and How It Differs from Level 2

See what a Level 1 background check covers and how it compares with a Level 2 screening for hiring. Get clear facts on definitions, state lookback limits, and how better screening supports safer workplaces and less fraud.

California Vacation Rollover Law: Employee Rights, Accrued Time, and Pay Rules

This article covers California vacation rollover rules, employee rights, accrued PTO, payout duties, and employer limits under state law. It explains how unused vacation counts as wages, when employers must pay it out, and options for unpaid wage claims.

SB 553 CA: New Workplace Violence Prevention Requirements for California Employers in 2025

Get a clear overview of California SB 553 workplace violence prevention rules and new obligations for employers starting in 2025. See what policies, training, recordkeeping, and enforcement changes SB 553 brings for injury prevention plans and compliance efforts.

Labor Code 226.7: California Meal and Rest Break Requirements and Employer Penalties

California Labor Code 226.7 explains meal and rest break rules for non-exempt employees and what employers must pay when breaks stop. See how missed breaks trigger premium pay, wage claims, penalties, and class actions for violations of California break requirements.

Building an Onboarding Packet That Welcomes and Retains Employees

Create an onboarding packet that welcomes new hires, sets clear expectations, and supports lasting engagement and retention. Include culture details, training tools, policies, and thoughtful gifts to lower turnover and reduce hiring costs.

Complete Guide to New Employee Paperwork: Required Forms and Documents for 2025

Make new employee paperwork for 2025 easier with a clear checklist of required hiring forms, documents, and compliance steps. Support HR and small business owners with practical tips for organizing onboarding packets, benefit elections, direct deposit, and policy acknowledgments.

Paid Time Off California: Laws, Accrual, Vacation Pay, and Employee Rights

Get clear guidance on paid time off in California, including PTO laws, sick leave rules, accrual, and vacation payout obligations. See how California PTO rules affect vacation requests, paid sick leave, layoffs, FTE status, cash-outs, and employee rights.

Can employers test for THC in California for hiring and workplace safety?

California notice to employee as to change in relationship: Requirements, legal steps, penalties, and sample notice

This article outlines California's notice rules for changes in employment status and the steps employers must follow. It also covers required details, timing, penalties, and includes a sample notice for practical use.

Bulletproof Documentation for Employee Records: Reduce Legal Risk and Stay Compliant

Keep employee documentation compliant and consistent to reduce legal risk and protect HR, managers, and staff. Use clear records, performance reviews, and PIPs to support decisions, track progress, and maintain workplace accountability.

Workplace Coaching: Benefits, Styles, and Methods to Improve Performance

Workplace coaching boosts employee performance, strengthens leadership, and encourages a culture of continuous growth within organizations. It refines communication, teamwork, and motivation while improving organizational effectiveness and satisfaction.

Essential Job Functions and the ADA: Insights from the Tenth Circuit Decision

ADA case from the Tenth Circuit upholds employer-defined job duties when safety and security risks are significant. It clarifies accommodation limits and supports consistent qualification standards without lowering business requirements.

California Pay Transparency Law SB 1162: Employer Rules, Compliance, and Penalties

California’s Pay Transparency Law SB 1162 requires employers to disclose pay ranges, maintain records, and submit annual wage reports. Non-compliance can result in financial penalties, lawsuits, and reputational damage for businesses across California.

Is Holiday Pay Double Time? Rules, Calculations, and Eligibility

Holiday pay rules, double time vs time-and-a-half, eligibility, and calculations, including Massachusetts and Rhode Island requirements. Guidance for employers and HR on policies, paid holidays, overtime, hourly and salaried staff, and payroll timing.

How to Apply for Temporary Disability in California: Eligibility, Payments, and Filing Steps

California employees may qualify for temporary disability payments through SDI when a certified medical condition stops them from working. Check eligibility, typical benefit amounts for 2025, and filing steps with the EDD to submit a timely, complete claim.

How Much Does Disability Pay for Obesity? ADA Recognition, Legal Cases, and Employer Implications

Obesity as a disability: ADA recognition, benefit eligibility, and real legal outcomes. Guidance for employers on policies, accommodations, and risk.

California Right to Work: State Status and Union Rules

California lacks a right-to-work law, so private employers may require union membership or dues as hiring conditions. See California’s rules, failed initiatives, and how they differ from right-to-work states.

Paid Parental Leave California: 2025 Updates, Employer Rules, and Employee Benefits

California’s 2025 Paid Parental Leave updates increase wage replacement and flexibility for workers bonding with a child or caring for family. Employers gain clarity on obligations, benefit coordination, and compliance under the revised Paid Family Leave and Disability Insurance programs.

CA Sick Pay Law 2025: Employer Requirements & Employee Rights

California’s 2025 sick leave law mandates at least 40 hours or five days of paid leave for eligible employees. Get clear rules on accrual, usage, carryover, anti-retaliation protections, and notice requirements for employers statewide.

California Rest Break Law 2025: Worker Rights, Violations, and Penalties

California Rest Break Law 2025 protects workers’ rights to duty-free meal and rest periods across all industries. Employers face penalties, premium pay, and legal actions for break violations under California Labor Codes 512 and 226.7.

CA Bereavement Leave 2025: AB 1949 Rules, Paid vs Unpaid Time, and Employer Compliance

California AB 1949 requires employers to provide up to five days of bereavement leave for eligible employees in 2025. It covers eligibility, paid versus unpaid time, documentation rules, employer obligations, and compliance risks for California businesses.

Pre-Employment Drug Test California: Laws, Requirements, and Employer Guidelines

California employers can require pre-employment drug testing under strict regulations, with exceptions for safety-sensitive roles and federal compliance. Workers have rights regarding confidentiality, fairness, and contesting results, and businesses must update policies for California’s new marijuana laws.

Does California Drug Test for Weed? AB 2188 Employment Rules

California AB 2188 limits employer drug testing for non-psychoactive marijuana use and permits impairment and active THC testing. Beginning January 2024, most employees gain workplace protections, though safety-sensitive and federally regulated positions remain exempt.

Make Up Time in California: Rules, Overtime Exceptions, and Employee Rights

Make-up time in California lets non-exempt employees offset missed hours without losing pay under defined legal rules. This guide covers overtime exceptions, employee rights, and employer duties for make-up time requests under state labor laws.

California Tipped Minimum Wage: 2025 Rates, Laws, and Employee Rights

California servers must receive the full state minimum wage of $16.50 per hour in 2025, plus any earned tips. Employers cannot take tips, pay below the minimum wage, or violate California Labor Code protections for tipped workers.

Regular Rate of Pay in California: Overtime, Meal and Rest Break Premiums, and Employer Compliance

California employers must calculate overtime, meal, and rest break premiums using the regular rate of pay, including bonuses and incentives. Miscalculating regular rates can result in lawsuits, penalties, and compliance risks, making accurate payroll practices vital for businesses across the state.

Overtime Tax Rate California: Overtime Pay and Taxes in 2025

Overtime pay in California is taxed like regular income, with brackets based on total annual earnings. For 2025–2028, a temporary deduction lets workers write off up to $12,500 ($25,000 joint) of qualifying overtime.

See all blogs: Business | Corporate | Employment

Can employers test for THC in California for hiring and workplace safety?

Introduction

California drug-testing regulation changes

What are the options available to employers?

Things that employers cannot do

What are California employers supposed to do now?

How to Handle the Policy

Free Consultation