The state of Washington will prohibit employers from making hiring decisions based on off-duty use of cannabis or positive pre-employment drug test results that find an applicant to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The new law (SB 5123) takes effect on January 1, 2024.
Noting that recreational cannabis was legalized in Washington in 2012 and that it should now be treated like alcohol (also a legal substance), the new law is intended to prevent restricting job opportunities based on an applicant’s past use of cannabis.
Cannabis metabolites can stay in the body for long periods of time and most drug tests will detect nonpsychoactive cannabis metabolites for up to 30 days after use. Past use of marijuana has no correlation to an applicant’s future job performance given that marijuana is a legal substance.
The law does not prohibit employers from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites. Like a similar California law that also will take effect in 2024, the Washington law contains no explanation of what is meant by “nonpsychoactive cannabis metabolites” and, presently, there are no drug tests that can distinguish between psychoactive metabolites (those that create a “high”) and nonpsychoactive metabolites. If no such drug tests are developed by January 1, 2024, Washington employers will...
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