One-line summary: California AB 2188 (effective January 1, 2024; codified at Cal. Gov. Code § 12954) prohibits California employers from discriminating against employees for off-duty, off-premises cannabis use, with carve-outs for safety-sensitive roles, federal-contract requirements, and on-duty impairment. Launch's drug-and-alcohol-free workplace policy in §3 of the core handbook is modified for California employees as set out below.

AB 2188 — California Off-Duty Cannabis Use Protections

California Gov. Code § 12954 (added by AB 2188, effective January 1, 2024) prohibits California employers from discriminating against an employee or applicant in hiring, termination, or any term or condition of employment based on:

• The person's use of cannabis off-duty and off the employer's premises; or
• An employer-required drug-screening test that finds non-psychoactive cannabis metabolites in the person's hair, blood, urine, or other bodily fluids.

How this affects Launch's policies

Launch's general drug-and-alcohol-free workplace policy (in §3 of the core handbook, and substance-use policy in §9) prohibits:

• Working under the influence of drugs or alcohol (including marijuana / cannabis).
• Use, possession, sale, or distribution of illegal drugs (including in California, where state law has legalized recreational and medical cannabis but federal law has not) on company property or during working hours.

For California-resident employees, AB 2188 modifies these policies as follows:

• Launch will not discriminate against you based on off-duty, off-premises cannabis use.
• Launch will not rely on tests that detect only non-psychoactive cannabis metabolites as a basis for hiring, firing, or other employment decisions.
• Launch may continue to prohibit on-duty impairment and possession or use of cannabis on company property or during working hours.
• Launch may continue to test for active impairment using methods that detect current impairment (e.g., performance-based or other tests that distinguish current impairment from prior off-duty use).

Carve-outs (where AB 2188 does not apply)

AB 2188 does not override:

• Federal contract requirements that require drug testing or a drug-free workplace as a condition of the contract or funding (e.g., DOT-regulated positions, federal Drug-Free Workplace Act obligations for certain federal contractors).
• Construction trade exemptions specified in the statute.
• Building and construction trades as defined in Cal. Bus. & Prof. Code § 7026.

Questions

If you have a question about how AB 2188 applies to your specific role — particularly if you work on a federal contract or in a safety-sensitive position — contact HR at hr@launchindustries.biz.

If you notice any outdated information or typos, or need clarification on any policies, please email hr@launchindustries.biz.