Washington Enacts Law Safeguarding Off-Duty Cannabis Use by Job Applicants

NEW YORK— In a significant move for employment law, Washington State has implemented a new statute, Senate Bill 5123, effectively protecting job applicants from discrimination based on their off-duty cannabis use. Signed by Governor Jay Inslee in May 2023, the law, which came into effect this Monday, specifically prohibits actions against new employees who use cannabis outside the workplace or fail drug screenings for non-psychoactive cannabis metabolites.

This groundbreaking legislation, however, maintains certain exceptions. Pre-employment drug screenings are still permissible for roles deemed safety-sensitive, such as law enforcement, firefighting, and certain federal positions requiring security clearance. Industries like airlines and aerospace are also exempt.

While the law marks a progressive step for applicants, it does not extend these protections to current employees. Employers retain the right to conduct regular drug tests for cannabis use post-hire. Senator Karen Keiser, the bill’s sponsor, emphasized this distinction, noting the legislation’s focus on the hiring process, addressing a barrier for many potential applicants.

The inadequacy of current drug screenings in measuring impairment from cannabis use has been a major talking point among supporters of the bill. Burl Bryson, Executive Director of The Cannabis Alliance, highlighted the prolonged detection of cannabis metabolites post-consumption, likening it to penalizing alcohol consumption during personal time.

Paul Armentano, Deputy Director of NORML, criticized the outdated urine screening practices for cannabis as remnants of the 1980s’ war on drugs. He argued for the necessity of evolving workplace policies to reflect the legalization and changing public perception of cannabis.

Washington joins a growing list of states, including California, Nevada, Michigan, and several others, adopting similar protections for cannabis users. These laws are emerging as part of a broader trend towards acknowledging the rights of individuals to engage in legal activities outside of their professional lives without facing workplace repercussions.

The shift in these states’ employment laws reflects a growing recognition of the need for modernized policies in a landscape where cannabis use is increasingly legalized and destigmatized. This development, however, continues to navigate the complex terrain of balancing employee rights with workplace safety and federal regulations.