Legal Status: Yes, medical and recreational
Protections for Medicinal Users & Exceptions: No, but effective January 1, 2024, Washington employers cannot discriminate against a person in the initial hiring for employment if the discrimination is based on: their use of cannabis off the job and away from the workplace or an employer-required drug test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. However, the law does not “[p]rohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.” Exceptions: The law contains a broad list of exceptions, including for positions: (1) requiring a federal government background investigation or security clearance; (2) law enforcement, fire department, or other first responder positions; (3) corrections officers; or (4) in the airline or aerospace industries. The law also does not apply if the applicant will work in a “safety sensitive position for which impairment while working presents a substantial risk of death.” If an employer takes advantage of this exception, it must provide notice to the applicant prior to their application for employment that the position sought is “safety sensitive.” Moreover, the law does not preempt state or federal laws requiring applicants to be tested for controlled substances.
Protections for Recreational Users & Exceptions: No, but effective January 1, 2024, Washington employers cannot discriminate against a person in the initial hiring for employment if the discrimination is based on: their use of cannabis off the job and away from the workplace or an employer-required drug test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. However, the law does not “[p]rohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.” Exceptions: The law contains a broad list of exceptions, including for positions: (1) requiring a federal government background investigation or security clearance; (2) law enforcement, fire department, or other first responder positions; (3) corrections officers; or (4) in the airline or aerospace industries. The law also does not apply if the applicant will work in a “safety sensitive position for which impairment while working presents a substantial risk of death.” If an employer takes advantage of this exception, it must provide notice to the applicant prior to their application for employment that the position sought is “safety sensitive.” Moreover, the law does not preempt state or federal laws requiring applicants to be tested for controlled substances.
Restrictions on Testing for Cannabis: No, but effective January 1, 2024, Washington employers cannot discriminate against a person in the initial hiring for employment if the discrimination is based on: their use of cannabis off the job and away from the workplace or an employer-required drug test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. However, the law does not “[p]rohibit an employer from basing initial hiring decisions on scientifically valid drug screening conducted through methods that do not screen for nonpsychoactive cannabis metabolites.” Exceptions: The law contains a broad list of exceptions, including for positions: (1) requiring a federal government background investigation or security clearance; (2) law enforcement, fire department, or other first responder positions; (3) corrections officers; or (4) in the airline or aerospace industries. The law also does not apply if the applicant will work in a “safety sensitive position for which impairment while working presents a substantial risk of death.” If an employer takes advantage of this exception, it must provide notice to the applicant prior to their application for employment that the position sought is “safety sensitive.” Moreover, the law does not preempt state or federal laws requiring applicants to be tested for controlled substances.