LEGISLATIVE UPDATE 
By: Ray Hill, Professor Emeritus 
Santa Rosa Junior College 

There continues to be no restriction for off-duty cannabis use by peace officers.

Effective January 1, 2024, Government Code 12954 was enacted, prohibiting a law enforcement agency from discriminating against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person because of their use of cannabis off the job and away from the workplace.

A new bill, SB 1264 (Senator Grove (R) - Bakersfield), was passed by the Senate to add peace officers to the list of occupations prohibiting off-duty cannabis use. This bill was supported by the California Police Chiefs Association and the California Sheriffs Association. However, it did not receive sufficient votes in the Assembly Judiciary Committee to move forward. It remains open for reconsideration, facing a steep hill to climb this legislative year.

Assembly Member Chris Ward (D - Coronado) stated the bill was unnecessary, noting that law enforcement organizations can test and discipline workers for on-the-job impairment. "Generally, I think the high standard is to be a responsible adult. Know that if you do choose to use recreationally, do so at a time and place that is safe and does not put yourself or others in harm’s way."

Assembly Member Rick Chavez Zbur (D- Santa Monica) expressed concern about testing police for "legal activity that I don’t see as very different from alcohol use." He argued, "A positive cannabis test doesn’t really indicate your condition on the job."

Law enforcement agencies are still working through the procedural aspects of this relatively new legislation. If you are "toking" or taking gummies off-duty, you wouldn’t show up to work "high," no more than you would be under the influence of alcohol. In the agencies with which I have contact, testing can still be based on reasonable suspicion of showing up to work under the influence, after a traffic accident, or in certain use of force situations.

If you work in the construction or building trades, the law does not provide protection for off-the-job cannabis use. However, if you are a police officer or deputy sheriff, you are protected. Hill’s Rule #3 – “The law is not always logical; it just is”!

Stay safe,

RH