California Senate Committee Advances Bill Ending Random Marijuana Tests for Correctional Officers

(Photo credit: Emily Koonce)

The bill, which would codify a new memorandum of understanding (MOU) between the state and Bargaining Unit 6, was unanimously approved by the Senate Budget and Fiscal Review Committee in a 17 to 0 vote. Under the MOU, most prison employees would no longer be subject to random drug screening for THC and could not be penalized for using marijuana while off duty and off site. “The parties recognize California law, specifically AB 2188, which protects California employees from discrimination based on their off-duty, off-site cannabis use,” the bill analysis states. The measure still maintains a drug-free workplace for on-duty staff and for areas where employees interact with incarcerated individuals.

The MOU specifically removes marijuana and THC from the panel of substances tested randomly, while preserving requirements for commercial drivers and others subject to federal or safety-sensitive testing standards.

The measure reflects the broader trend of evolving employment policies as California’s marijuana laws mature. Legalization was approved by voters in 2016, and the state has since passed several worker protection laws aimed at shielding employees from punishment over lawful, off-duty marijuana use.