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The use of medical marijuana is legal under state law, but employers may establish drug-free workplace policies. Through December 31, 2023, an employer with a drug-free workplace policy does not need to accommodate the medical use of cannabis.
Court case
In 2011, the Washington Supreme Court ruled that the state’s medical marijuana act did not prohibit an employer from discharging an employee for using medical marijuana. An employer does not need to accommodate an employee’s use of medical marijuana (Roe v. TeleTech Customer Care Management).
It is illegal to drive under the influence of marijuana or consume marijuana in view of the public.
Through December 31, 2023, there are no employer obligations or protections in the law.
Effective January 1, 2024, employers cannot discriminate against a job applicant based on the person’s use of cannabis off the job and away from the workplace. An employer will not be able to use a positive pre-employment drug test as a reason to deny employment.
Employers can base a hiring decision on scientifically valid drug screening through methods that do not screen for non-psychoactive cannabis metabolites. (While oral fluid tests can determine whether cannabis has been used recently, it is unclear whether they detect non-psychoactive cannabis metabolites as well as psychoactive ones.)
The restriction does not apply to:
The state law does not preempt state or federal laws requiring an applicant to be tested for controlled substances. This includes:
An employer may conduct post-accident and reasonable suspicion tests for cannabis. An employer may maintain a drug-free workplace.
Contact
Washington State Department of Health
Regulations
Washington State Legislature, Chapter 69.51a RCW, Medical Cannabis
Revised Code of Washington, Chapter 69.50 Article III, Regulation of Manufacture, Distribution, and Dispensing of Controlled Substances, 69.50.301 to 60.50.609