Effective January 1, 2024: Washington employers are prohibited from discriminating against a person in the initial hiring for employment if the discrimination is based on (1) their use of cannabis off the job and away from the workplace or (2) an employer-required drug test that has found non-psychoactive cannabis metabolites in the person’s hair, blood, urine, or other bodily fluids. Unlike California’s law (also going into effect on January 1, 2024), this law only regulates pre-employment cannabis testing, not employment testing.

The law excludes from its reach the following 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.

Washington employers should review their hiring policies and employment drug screening procedures to ensure they do not make any adverse employment decisions based on an applicant’s off-duty cannabis use to comply with these provisions before the effective date.

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For more information on Medical or Recreational Marijuana, and whether they affect your state, visit our Resource Guide at the Hire Image Resource Library. If you have any questions about how to best protect your business, employees, and customers, please contact us.