Update applicable to:
All employers in Washington
What happened?
Governor Inslee of Washington signed Senate Bill No. 5123 into law, providing workplace protections to workers for their lawful, off-duty use of marijuana.
What are the details?
The law prohibits employers from discriminating against prospective employees based on their off-duty marijuana use and prevents the use of drug tests that screen for non-psychoactive cannabis metabolites in hiring decisions.
The law does not protect all marijuana use and does not prevent employers from establishing drug-free workplace policies.
The law goes into effect on January 1, 2024.
Exceptions to the law include testing for purposes other than pre-employment, scientifically valid testing that does not screen for non-psychoactive cannabis metabolites, and positions requiring federal government background investigations, work with public safety agencies, corrections officers, airline or aerospace industries, or other safety-sensitive positions.
For more information, please see the links below:
Article 1, Article 2, Article 3
What do employers need to do?
Washington employers should review their drug testing practices, identify positions that fit within the exceptions, or adjust testing methods to focus on psychoactive THC. They should also update drug and alcohol testing policies and hiring materials to comply with the new law.
Need help understanding how changes to employment laws will affect your business?
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