Cannabis Use and Workplace Safety: What Employers Need to Know
Recent research highlights the significant impact heavy cannabis use can have on brain function, particularly in areas critical to workplace performance. A study from the University of Colorado Anschutz Medical Campus found that individuals who use cannabis heavily show reduced brain activity during memory tasks, leading to impairments in decision-making, attention, and emotional processing.
Workplace Risks of Cannabis Use
For employers, these findings underscore serious workplace concerns. The National Institute for Occupational Safety and Health (NIOSH) warns that cannabis use can lead to:
• Slowed motor skills and reaction time
• Impaired judgment and decision-making
• Increased risk of workplace accidents and injuries
As cannabis legalization expands, the number of daily users and the potency of products have also increased, exacerbating these risks. Employers must recognize how these trends impact safety-sensitive roles and overall workplace efficiency.
Employer Considerations and Solutions
Given the potential risks, companies should take proactive steps to address cannabis impairment in the workplace, including:
• Impairment detection tools – Moving beyond traditional drug testing to real-time impairment assessment like the DRUID app.
• Clear workplace policies – Defining expectations in written company policies for cannabis use and impairment while on duty.
• Employee education programs – Raising awareness of how heavy cannabis use affects cognitive function and safety.
• New technologies – Implementing advanced impairment detection and screening tools like the Cannabix Marijuana Breath Test (MBT) to accurately determine recent cannabis use.
Cannabix Marijuana Breath Unit: A Game-Changer for Workplace Safety
The Cannabix Marijuana Breath Test is an emerging technology designed to detect recent cannabis use by measuring THC molecules in breath samples. Unlike traditional drug tests, which can detect cannabis metabolites long after use, the Cannabix Marijuana Breath Test helps employers assess recent cannabis use, identifying potential impairment rather than past use.
How CMBU Aligns with CA AB 2188
California’s AB 2188 prohibits discrimination against employees for off-duty cannabis use and restricts reliance on non-psychoactive metabolite tests. The Marijuana Breath Test aligns with AB 2188 because it focuses on detecting active THC levels, ensuring that employers can identify actual recent use rather than penalizing employees for past marijuana consumption. This technology allows companies to enforce workplace safety standards without violating employee rights under the new law.
California AB 2188 & AB 1281: Protecting Off-Duty Marijuana Use
• California’s AB 2188, effective January 1, 2024, makes it illegal for most employers to discriminate against workers for off-duty cannabis use. AB 1281, an extension of the California Consumer Privacy Act (CCPA), governs how employers handle employee drug test data.
Key Provisions of AB 2188:
• No discrimination for off-duty use – Employers cannot refuse to hire, fire, or penalize employees for legal cannabis use outside of work.
• Restrictions on drug testing – Employers cannot rely on tests that detect non-psychoactive cannabis metabolites (which do not indicate impairment). However, tests that detect active THC (indicating current impairment) are still allowed.
Who Is Affected?
• Applies to most private employers and some public employers
• Does not apply to: Federal positions, jobs requiring federal background checks, or employees subject to federal drug testing regulations (e.g., DOT-regulated drivers)
Why Employers Must Stay Informed
AB 2188 and AB 1281 highlight the balance between employee rights and workplace safety. Employers must update policies, implement fair testing methods, and focus on real-time impairment detection to ensure compliance while maintaining a safe and productive work environment.
By staying proactive and utilizing technologies like the Cannabix Marijuana Breath Test and the DRUID app, companies can reduce legal risks, enhance workplace safety, and adapt to the evolving legal landscape surrounding cannabis use.
To learn more about these new technologies and products, contact us for a live demo or about our Pilot Program.