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Washington: Hiring Decisions Cannot be Based on Off-Duty Cannabis Use Effective January 1st

Starting January 1, 2024, employers in the state of Washington will be prohibited from discriminating against job applicants in the hiring stage based on:

  • Cannabis use outside of the workplace.
  • Drug test results showing non-psychoactive cannabis metabolites (i.e., hair, blood, urine).

Employers may however require drug testing for various controlled substances, including cannabis, if they don’t use the presence of non-psychoactive cannabis test results to make hiring decisions. This law does not prevent Employers from implementing and maintaining a drug and alcohol-free workplace.

It is important to note that this law also does not apply to testing for controlled substances in situations such as post-accident testing, testing if an employer suspects workplace impairment, or to hiring decisions for positions where there is a legal prohibition to use of a controlled substance at any time such as certain federal positions and certain safety-sensitive roles where impairment could pose a risk of harm.