POT PROTECTIONS: For many Californians, using cannabis during down time is now as normal as sipping a glass of wine. But that can still cost you a job at businesses around the state. While the number of California companies that screen for cannabis has steadily decreased in recent years amid a competitive job market, nearly 10 percent of establishments till require drug tests for new applicants or current employees, according to the Bureau of Labor Statistics. Bill Quirk, a Bay Area Assemblymember, is pushing to ban the practice. Quirk has successfully guided legislation to the Senate floor that would do away with urine, hair and blood tests that have traditionally been used to test for cannabis metabolites, traces of the plant that can stay in the body for up to a month. Employee-rights groups have long argued those tests are discriminatory, penalizing people for using a legal product on their own time. Businesses would still be allowed to use saliva tests that look for active Tetrahydrocannabinol, or THC, a sign that a worker could be intoxicated on the job. SB 2188 also includes a list of exemptions for workers in the building and construction trades as well as people who are employed in positions that require a federal background investigation or security clearance. It also exempts businesses that have to abide by stricter testing rules to qualify for federal licensing and contracts. The fact that California, which loves to tout its credentials as an innovator of progressive labor and cannabis policies, doesn't already have this policy in place has been a source of frustration for marijuana advocates. Voters in the state authorized recreational pot sales in 2016, and made it the first to legalize medical cannabis nearly three decades ago. California's Democrat-led government has fallen noticeably behind as nearly half the country — including red states like Arkansas, North Dakota and Oklahoma — have passed protections for employees who use medical cannabis. Six other states — Connecticut, Montana, New Jersey, New York and Rhode Island — have also extended that right to recreational consumers. It's still far from a slam dunk that the bill will reach Gov. Gavin Newsom's desk. Quirk's measure faces a long list of opposition from business groups, including the California Chamber of Commerce, which argues it would lead to lawsuits by workers against their employers. And three previous versions of the measure have failed to clear the Legislature. HAPPY MONDAY AFTERNOON! Welcome to California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check of California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to anieves@politico.com or send a shout on Twitter. DMs are open!
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