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

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).

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

Pre-employment marijuana testing is restricted, but there are exceptions. In general, 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 cannot use a pre-employment drug test that is positive for cannabis as a reason to deny employment if the test detects nonpsychoactive cannabis metabolites.

Employers can base a hiring decision on a scientifically valid drug screening that uses a method that does not screen for nonpsychoactive cannabis metabolites. Oral fluid tests can detect cannabis and can be used to determine whether cannabis has been used recently. However, because oral fluid tests may also detect nonpsychoactive cannabis metabolites, employers should be cautious if they decide to use oral fluid testing to conduct a pre-employment drug test that includes marijuana.

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 a 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; or
• 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, or
• 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.