April 20, 2023

In recent events, the Washington House of Representatives passed a bill concerning marijuana. According to the proposed law, employers cannot use specific marijuana tests for pre-employment drug testing. However, the House must reconcile this bill with the Senate version before the Governor can sign it.

This bill would increase available job opportunities for individuals who use recreational marijuana. Furthermore, the bill pointed out inconsistencies between employers’ hiring practices and the 2012 version of the bill. This version is similar to the current proposal concerning recreational marijuana.

Passing this bill would prohibit employers from discriminating against you during hiring if you use marijuana. It would also protect medical and recreational usage. According to the proposed rules, several marijuana tests only show the presence of non-psychoactive metabolites. As a result, individuals could test positive for using marijuana anytime within thirty days of the test. This timeframe makes it so individuals would test positive more often for marijuana than alcohol despite using it less often.

The proposed legislation would prohibit employers from discriminating against job applicants for using cannabis outside of work. It would also stop employers from discriminating against applicants for testing positive for marijuana metabolites. However, this bill does not prevent employers from running other drug tests. 

Employers can still test for drugs that do not depend on non-psychoactive metabolites. Furthermore, they maintain the right to a drug and alcohol-free workplace. As such, they can test for controlled substances for reasons other than pre-employment. Examples include suspicion of you working impaired or as part of a post-accident investigation.

The bill also includes exceptions for specific situations, such as positions requiring a security clearance or federal background check. It also does not apply to jobs in the airline or aerospace industries. In addition, this proposed regulation would not preempt federal and state laws. As such, employers bound by specific federal and state laws may conduct pre-employment drug tests.

These exemptions would include a recent amendment. According to the amendment, the House’s bill would exempt police, corrections officers, and firefighters. Other than these exemptions, the bill would apply to most jobs. As such, marijuana users could see increased job opportunities if this bill passes through the Senate and the Governor signs it.

Pre-employment drug tests can delay hiring, but this happens less often than delays caused by background checks. As such, consider running a self-background check before applying for a job. A self-check could allow you to make corrections before a potential employer sees them. In addition, it could help you prepare to address negative information with your potential employer.

Get a head start on your next job opportunity by running a self background check and discovering the status of your online reputation.

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