Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use.
What Is Prohibited?
Effective January 1, 2024, employers are prohibited from discriminating against job applicants on the basis of lawful, off-the-job marijuana use. Specifically, employers may not rely on preemployment drug tests that screen for nonpsychoactive cannabis metabolites when making hiring decisions. A similar law is slated to take effect in California the same day.
Nonpsychoactive cannabis metabolites remain in the body even after it has metabolized any tetrahydrocannabinol (THC) (the active chemical in marijuana). As a result, tests that detect nonpsychoactive cannabis metabolites show whether someone has consumed marijuana within the last few weeks.
In passing this new law, the state legislature noted “[m]any tests for cannabis show only the presence of nonpsychoactive cannabis metabolites from past cannabis use … that have no correlation to an applicant’s future job performance.” SB 5123 (to be codified at RCW Ch. 49.44). The legislature’s express intent in passing the new law was to “prevent restricting job opportunities based on an applicant’s use of cannabis.” Id.
The law does not prohibit employers from basing hiring decisions on drug tests that do not screen for nonpsychoactive cannabis metabolites, nor does it affect employers’ ability to maintain a drug- and alcohol-free workplace. Employers are still permitted...
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