AB 1005

This bill, subject to certain exceptions, prohibits an employer, including the

state, from requiring an employee or prospective employee to submit to a test for the

presence of any tetrahydrocannabinol (THC), which is the active ingredient in

marijuana, synthetic cannabinoid, or controlled substance analog to THC or a

synthetic cannabinoid in his or her system (drug testing) as a condition of

employment. The bill, subject to certain exceptions, provides that any agreement

between an employer and an employee or prospective employee offering employment

or any pay or benefit to an employee or prospective employee in return for the

employee or prospective employee submitting to drug testing is prohibited.

The bill, however, does not apply to the drug testing of an employee or

prospective employee who is subject to drug testing under 1) any regulation

promulgated by the federal Department of Transportation that requires drug testing

of an employee or prospective employee or any rule promulgated by the Department

of Transportation of this state adopting such a regulation for purposes of enforcing

the requirements of that regulation with respect to intrastate commerce; 2) any

contract entered into between the federal government and an employer or any grant

of financial assistance from the federal government to an employer that requires

drug testing of employees and prospective employees as a condition of receiving the

contract or grant; 3) any federal statute, regulation, or order that requires drug

testing of employees and prospective employees for purposes of safety or security; 4)

any substance abuse prevention program under a collective bargaining agreement

or under the current law that requires such programs for public works and public

utility projects; or 5) rules promulgated by the Law Enforcement Standards Board

requiring drug testing of prospective law enforcement officers, tribal law

enforcement officers, jail officers, and secure detention officers.