Employers would be prohibited from discriminating against most job applicants for off-duty marijuana use or for testing positive for non-psychoactive THC metabolites under a new bill filed in the Washington State Senate.
The legislation, which was pre-filed for the 2023 session late last month, is one of several cannabis reform proposals that will be taken up at a hearing of the Senate Labor & Commerce Committee next week. The employment bill sponsor, Sen. Karen Keiser (D), chairs that panel.
The legislation says that the legalization of adult-use marijuana in the state in 2012 “created a disconnect between prospective employees’ legal activities and employers’ hiring practices,” adding that most drug tests only detect inactive THC metabolites that can be in a person’s system for weeks after use.
“Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a preemployment screening test compared with cannabis, despite both being legally allowed controlled substances,” the text says. “The legislature intends to prevent restricting job opportunities based on an applicant’s past use of cannabis.”
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