May 23, 2023

The Washington House of Representatives has passed a bill prohibiting employers from using specific cannabis tests for pre-employment drug testing. However, the House and Senate must reconcile their versions before the Governor can sign it. 

This bill will increase available job opportunities for individuals that use recreational cannabis. It also revealed that the legislature recognized employers’ hiring practices often went against the 2012 bill that legalized recreational use. Passing this bill would prohibit employers from discriminating against you in the hiring process for using marijuana. Furthermore, it would protect you regardless of whether you used medical or recreational cannabis. 

The bill also states that many tests for cannabis only show the presence of non-psychoactive cannabis metabolites. As a result, these tests could identify a positive result if you used marijuana within the last thirty days. Unfortunately, it cannot determine when, in that period, you used cannabis. Regardless of when you last used marijuana, you will likely test positive more often than you would for alcohol.

Should it pass, the bill would prevent employers from discriminating against prospective employees after their initial hire. This protection is for using cannabis when off the clock or requires drug tests that detect metabolites. The goal is to prevent cannabis users from getting screened out due to pre-employment drug testing.

It is important to remember that employers can still use drug tests that do not depend on non-psychoactive metabolites. Employers also have the right to maintain a drug and alcohol-free workplace. As such, they can test for controlled substances for a reason other than pre-employment screening. Examples of such grounds include suspecting an employee is working while impaired or as a part of a post-accident investigation.

The bill also includes other exceptions, such as ones requiring security clearances or federal background checks. It also exempts industries such as airlines or aerospace, allowing them to conduct pre-employment drug tests for marijuana. Finally, employers required by federal or state law to test for substances may test for marijuana.

As explained above, this bill does not preempt these laws. Furthermore, the amendment in the House version added exemptions for other positions. These positions include police, corrections officers, and firefighters. Regardless, the bill would apply to most jobs, and if you use cannabis, it could increase your job opportunities. 

Consider running a self-background check before applying for a job. Self-checks allow you to correct any errors before a potential employer sees them. They also allow you to consider how to explain any negative information it may contain.

Click here to run a self background check

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