Win For Worker & Employers: WA House Approves Bill Banning Pre-Employment Testing For Weed

Washington state's House of Representatives passed a bill on Wednesday prohibiting some employers from cannabis testing new applicants. State Sen. Karen Keiser (D) sponsored this legislation, SB 5123, and introduced it in the Senate in January where it was quickly approved.

Due to the minor amendment made in the House, the bill is now sent back to the Senate for a vote on concurrence before reaching governor Jay Inslee’s (D) desk, Senate Democrats write.

“This is a victory against discrimination toward people who use cannabis,” said Keiser, who is also a chair of the Senate Labor & Commerce Committee. “For people using a legal substance — many of them for medical reasons — locking them out of jobs based on a pre-employment test is just plain unfair, and we are putting a stop to it.”

Simply put, the bill bans pre-employment cannabis testing, addressing the issue of difficult impairment detection.

Cannabis Alliance executive director, Burl Bryson previously told to regulators that potential candidates can consume pot legally and still “test positive for weeks later. If the same approach were applied to alcohol, employers would refuse employment to anyone who enjoyed a beer or glass of wine on the weekend.”

When introducing the bill in February, Keiser highlighted how making a hiring decision on an unreliable test just does not make sense. She now praises passage of the bill.

“It makes no sense to limit our state’s workforce by deterring qualified job applicants, especially at a time when the number of unfilled positions is at historic highs. This legislation opens doors for people who might otherwise not even put in an application — and that’s a win for workers and for employers.”

Some Job Positions Excluded

It is important to note that some job positions are excluded from the measure, such as those in the aerospace and airline industries and those demanding a federal background check or security clearance. Furthermore, occupations where cannabis impairment could lead to a “substantial risk of death” are also excluded, via an amendment from Sen. Curtis King (R).

Employers would still be allowed to test workers for marijuana if they suspect impairment during working hours.

Washington is not the first state to undertake reform to protect workplace discrimination over marijuana use. For example, last year California Gov. Gavin Newsom signed into law a similar measure prohibiting discrimination in hiring and firing over off-duty weed use. Washington, D.C. Mayor Muriel Bowser also signed a similar bill protecting employees from discrimination in the workplace based on their recreational or medical marijuana use. Recently, New Mexico's lawmakers advanced a measure to allow firefighters to use medical cannabis off-duty and New Jersey's police officers will no longer be tested for off-duty cannabis consumption.

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