Marijuana - Washington

Medical marijuana

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

Recreational marijuana

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.

Medical and recreational marijuana

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:

• A position requiring a federal government background investigation or security clearance
• A position with a general authority Washington law enforcement agency
• A position with a fire department, fire protection district, or regional fire protection service authority
• A position as a first responder, including a dispatcher position with a public or private 911 emergency communications system or position responsible for the provision of emergency medical services
• A position as a corrections officer with a jail, detention facility, or the department of corrections
• A position in the airline or aerospace industries
• A safety-sensitive position for which impairment while working presents a substantial risk of death. (These positions must be identified by the employer prior to the applicant’s application for employment)

The state law does not preempt state or federal laws requiring an applicant to be tested for controlled substances. This includes:

• Laws governing the way tests are conducted
• Tests required as a condition of employment
• Tests required as a condition of receiving federal funding or federal licensing-related benefits
• Tests required by a federal contract

An employer may conduct post-accident and reasonable suspicion tests for cannabis. An employer may maintain a drug-free workplace.