NOTICE IS HERBY GIVEN that the Department of Human Resources (CalHR) has filed a proposed amended regulation with the Office of Administrative Law regarding the drug testing process. View the Notice of Proposed Action, Initial Statement of Reasons, and proposed language of the California Code of Regulation, Title 2, Section 599.963 online.
The proposed regulatory amendment is intended to ensure that state employees subject to random drug testing are not tested for legal use of marijuana outside of work hours in compliance with state law. Revising the regulation will bring it into compliance with Government Code Section 12954 and its prohibition of employment discrimination based on use of cannabis off the job and away from the workplace and/or the presence of nonpsychoactive cannabis metabolites identified in employer-required drug screening tests.
Any interested person, or their authorized representative, may submit written comments. Comments may be submitted by e-mail to raymond.titano@calhr.ca.gov. The written comment period closes at midnight on December 28, 2026. CalHR will only consider comments received by that time. You may also submit comments to the following address:
Raymond Titano, Medical Screening Coordinator
California Department of Human Resources
1515 S Street, Suite 500
Sacramento, CA 95811
CalHR has not scheduled a public hearing on this proposed action. However, CalHR will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her authorized representative, no later than 15 days before the close of the written comment period.