Recreational cannabis was legalized in Washington in 2012, creating a conflict between employers' hiring practices and employees' legal right to use cannabis for the past 11 years.

The bill, passed by the Washington House of Representatives on March 29, 2023, would make it illegal for an employer to discriminate against a potential employee for off-the-job use detected via nonpsychoactive cannabis metabolites, which drug screens can detect anytime within 30 days of use. The bill aims to allow applicants further access to job opportunities unrestricted by past use of cannabis.

The bill provides a few notable exceptions. Marijuana testing is still allowed in the following situations:

• When performing testing that relies on psychoactive metabolites;
• When testing for purposes other than pre-employment screening, such as post-accident or reasonable suspicion, in the goal of maintaining a drug-free workplace;
• Testing for job positions that require a federal background check or security clearance, or jobs with federal funding or federal licensing-related benefits;
• Job positions in the airline or aerospace industries, as well as firefighters, police, and corrections officers; and
• Employers performing a DOT drug testing program subject to 49 CFR part 40.

Once approved by the Senate and the governor, the act will take effect on January 1, 2024.

Source: Senate Bill 5123

Posted: April 6, 2023

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