Cal. Codes » Labor Code / DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION / PART 1. COMPENSATION / CHAPTER 3. Privileges and Perquisites / ARTICLE 3. Contracts and Applications for Employment
California Codes

Cal. Labor Code § 432.8 (2026)

Contracts and Applications for Employment

✓ current as of May 2026
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The limitations on employers and the penalties provided for in Section 432.7 shall apply to a conviction for violation of subdivision (b) or (c) of Section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of Section 11360 of the Health and Safety Code, or Section 11364, 11365, or 11550 of the Health and Safety Code as they related to marijuana prior to January 1, 1976, or a statutory predecessor thereof, two years from the date of such a conviction.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1981–2025 · leading case: Hooper v. Deukmejian, 122 Cal. App. 3d 987 (Cal. Ct. App. 1981).
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Hooper v. Deukmejian, 122 Cal. App. 3d 987 (Cal. Ct. App. 1981). · cites it 2× “” Labor Code section 432.8 prohibits a public or private employer from inquiring about or considering a record of conviction “for violation of subdivision (b) or (c) of Section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of Section…”
Edwards v. Am. Auto. Assocation etc. CA1/3 (Cal. Ct. App. 2025). “; [¶] (5) A non-felony conviction for possession of marijuana that is two or more years old (Labor Code section 432.8); [¶] (6) In addition to the limitations provided in subsections (b)(1)–(5), employers that obtain investigative consumer reports such as background checks are…”
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