Under Washington State law, may employers discrimination against job candidates based on cannabis use? Here’s my point of view.
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Washington’s Cannabis Hiring Law: What Employers and Applicants Need to Know
Washington State has taken a distinctive step in aligning employment practices with the legalization of cannabis. RCW 49.44.240*, effective January 1, 2024, limits how employers may use cannabis-related information in initial hiring decisions—while preserving important safety and federal-law exceptions. (NOTE: For purposes of RCW 49.44.240, “‘cannabis’ has the meaning provided in RCW 69.50.101*.”)
The Core Rule
At its heart, the statute makes it unlawful for an employer to refuse to hire someone based solely on either of two things:
1. the applicant’s lawful, off-duty cannabis use away from the workplace; or
2. a preemployment drug test that detects “nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.”
See RCW 49.44.240* (emphasis added). This distinction matters. Nonpsychoactive metabolites can remain in the body long after any intoxicating effects have worn off. The law recognizes that such results say little about an applicant’s current impairment or fitness for work.
Importantly, the protection applies only to initial hiring. The statute does not address discipline or termination of current employees.
What the Law Does Not Do
RCW 49.44.240* is not a blanket ban on drug testing, nor does it require employers to tolerate impairment at work.
Employers may still:
• Use scientifically valid drug tests that do not screen for nonpsychoactive cannabis metabolites (for example, tests designed to detect recent impairment rather than past use);
• Enforce drug- and alcohol-free workplace policies, especially where required by federal law or regulation;
• Conduct post-accident testing or testing based on reasonable suspicion of impairment; and
• Test for controlled substances other than cannabis as permitted by law.
The statute also expressly does not override state or federal laws that mandate testing as a condition of employment, licensing, federal funding, or federal contracts. In addition, employers may require broad-spectrum drug testing through third parties, so long as cannabis results are withheld from the employer and not used in hiring decisions.
Who Is Excluded
The law includes a detailed list of positions to which these protections do not apply. These include roles that implicate public safety, federal oversight, or heightened risk, such as:
(a) A position requiring a federal government background investigation or security clearance;
(b) A position with a general authority Washington law enforcement agency as defined in RCW 10.93.020*;
(c) A position with a fire department, fire protection district, or regional fire protection service authority;
(d) A position as a first responder not included under (b) or (c) of this subsection, including a dispatcher position with a public or private 911 emergency communications system or a position responsible for the provision of emergency medical services;
(e) A position as a corrections officer with a jail, detention facility, or the department of corrections, including any position directly responsible for the custody, safety, and security of persons confined in those facilities;
(f) A position in the airline or aerospace industries; or
(g) A safety sensitive position for which impairment while working presents a substantial risk of death. Such safety sensitive positions must be identified by the employer prior to the applicant’s application for employment.
RCW 49.44.240* (emphasis added). For these jobs, employers may continue to consider cannabis test results in preemployment screening.
Implications
For applicants, RCW 49.44.240* provides reassurance that lawful, off-duty cannabis use—by itself—should not bar access to many jobs in Washington. For employers, the statute requires a careful review of hiring policies, drug-testing methods, and job classifications to ensure compliance.
The takeaway is not that cannabis is irrelevant in the workplace, but that Washington law draws a clear line between past, lawful use and on-the-job safety and impairment. Navigating that line thoughtfully is now a key part of lawful hiring in the state.
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If you would like to learn more, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.
–gw