This article was originally published by the National Organization for the Reform of Marijuana Laws (NORML) and appears here with permission.
Democratic Gov. Jay Inslee has signed legislation (Senate Bill 5123) into law prohibiting employers from taking adverse actions against new hires because of a failed drug test for marijuana.
The new law, which takes effect on January 1, 2024, states, “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon: (a) The person’s use of cannabis off the job and away from the workplace; or (b) An employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”
The law does not impact workplace policies that require current employees to undergo testing for off-the-job cannabis use, or that punish those who test positive. It also provides exceptions for certain safety-sensitive employers.
Washington joins a growing number of jurisdictions — including Atlanta, Baltimore, Philadelphia, and the District of Columbia — that have passed legislation limit employers’ ability to pre-screen applicants for past marijuana use. Nevadaenacted a similar law in 2019.
Several other states — including California, Connecticut, Montana, New Jersey, New York, and Rhode Island — have enacted broader workplace protections limiting employers ability to either test for or to sanction...
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