National Testing Services Contact

Drug testing in California

State laws, marijuana laws, and employer compliance

Recreational marijuana: LegalMedical marijuana: LegalDOT rules apply nationwide
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For employers

California drug testing laws

Governing law

California employment privacy protections; Assembly Bill 2188 (AB 2188); California cannabis laws

What you can do

Employer rights

  • Pre-employment drug testing is generally allowed
  • Random testing is limited for most private employers unless the role is safety-sensitive
  • Reasonable suspicion testing is permitted
  • Post-accident testing may be allowed depending on circumstances
  • Return-to-duty and follow-up testing are permitted
  • Employers may enforce drug-free workplace policies
What you must do

Compliance requirements

  • Employee privacy rights are strongly protected
  • Testing must be job-related and non-discriminatory
  • Written policies are strongly recommended
  • Use certified laboratories
  • Local ordinances and court rulings may affect testing programs

California specifics

California Assembly Bill 2188 (AB 2188)

  • Since 2024, employers generally cannot discriminate based on off-duty cannabis use
  • Urine tests for non-psychoactive cannabis metabolites may create compliance risks
  • Employers can still prohibit on-the-job impairment
  • Exceptions exist for federal contractors and safety-sensitive positions

Cannabis

California marijuana laws

Recreational · Legal

Recreational use

  • Legal for adults 21 and older
  • Personal possession and use are permitted under state law
  • Public consumption restrictions apply
Medical · Legal

Medical use

  • Legal under California law
  • Qualified patients may use cannabis for medical purposes
At work

Workplace impact

  • Employers may prohibit marijuana impairment during work hours
  • Employers can maintain drug-free workplace policies
  • Off-duty cannabis protections have expanded under newer legislation
  • Safety-sensitive and federally regulated positions may face stricter enforcement

Best practices

Staying compliant in California

Develop written drug testing policies
Stay current on AB 2188 and cannabis law changes
Focus on impairment-based testing when appropriate
Use certified providers
Apply policies consistently
Consult employment counsel when updating policies

Our services

Testing services in California

NTS provides accurate, confidential, and legally defensible testing through our nationwide collection network.

Urine drug testingHair follicle testingOral fluid (saliva) testingNail drug testingDOT drug and alcohol testingCourt-ordered testingRandom and pre-employment screening

Sources & legal references

  1. California Civil Rights Department
  2. California AB 2188 bill text
  3. California Department of Cannabis Control
  4. California Health and Safety Code, cannabis regulations
  5. U.S. DOT Drug & Alcohol Testing Regulations, Part 40
  6. NCSL Cannabis Employment Laws

Laws change often. This page is general information, not legal advice. Check official state agencies or consult legal counsel for current requirements.

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Testing employees in California?

Call the office to set up a compliant program, or schedule onsite collections.

Office601-602-2445 Onsite601-633-7733
Visit1520 Adeline St, Ste. 20, Hattiesburg, MS 39401