The Washington Senate passes legislation outlawing discrimination against workers for pot use

The Washington Senate this week passed a bill designed to protect cannabis users from discrimination in the workplace. The measure, Senate Bill 5123, passed the state Senate by a 28-21 vote on Wednesday and is now under consideration by the Washington House of Representatives.

Under the law, employers would be prohibited from refusing to hire a job applicant based solely on the results of the pre-employment cannabis use screening. The legislation provides no protection for other substances, so screening for other drugs during the recruitment process would still be allowed.

“It comes down to discriminating against people who use cannabis,” said state Senator Karen Keizer, the lead sponsor of the bill and chair of the Senate Labor and Commerce Committee, in a statement published by online news site The Center Square was quoted. “For people using a legal substance, such a recruitment test is just unfair and we should stop it.”

“At a time when job vacancies are extremely high, we should not limit our workforce by discouraging qualified applicants,” she added. “This law opens the door for people who otherwise might not even apply for a job.”

The legislation does not apply to some jobs, including positions in the aerospace industry. The measure also does not apply to jobs that require a federal background check or security clearance.

While the bill protects potential workers from drug testing while applying for a job, Keizer noted that the bill does not prevent employers from drug-screening their workers for weed during employment. Under the measure, companies will still be allowed to fire employees who test positive for cannabis to maintain a drug-free workplace. Employers could also drug test workers for cannabis use after an accident at work or if they suspect they may be impaired by cannabis at work.

“If your employer wants to test you every week after you’re hired, they can still do that,” Keizer said. “This just opens the front door to getting into a job. Because too many people who see they need to take a drug test to even apply don’t apply at all.”

Washington legalized the recreational pot in 2012

Washington legalized recreational marijuana in 2012 with the passage of Initiative 502, a ballot measure supported by nearly 56% of voters. But while the measure protected cannabis users from prosecution, the initiative did not include protections for workers who use weed outside of work.

Nevada became the first state to protect job applicants from on-the-job drug testing for cannabis in 2019. Since then, other states have also passed job protections, including a California law protecting workers from discrimination based on their off-hours marijuana use, which was passed last year.

Cannabis advocates who support occupational safety note that current drug screening can only detect the presence of cannabis metabolites, which can remain in the system long after marijuana use. Burl Bryson, executive director of The Cannabis Alliance, told lawmakers at a public hearing last month that potential job applicants can legally use cannabis “and still test positive…weeks later.”

“If the same approach were applied to alcohol, employers would refuse employment to anyone who enjoyed a beer or a glass of wine on the weekend,” Bryson said. “We all know that’s not a workable standard.”

“It just doesn’t make sense to base a hiring decision on such unreliable results and testing,” Keizer told her Senate peers ahead of Wednesday’s vote.

Brian Fitzpatrick, CEO of cannabis industry compliance platform Qredible, said there are legitimate reasons for some employers to maintain a drug-free workplace. But he added that “exceptions need to be made, particularly for medical cannabis users, but also for responsible adult users.”

“There are guidelines that say you can’t show up to work drunk while under the influence of alcohol, and cannabis should be no different,” Fitzpatrick wrote in an email to High Times. “Unlike alcohol, there is research that suggests cannabis use does not significantly impair job performance, so employers should reconsider their cannabis use policies to provide a more equitable approach to cannabis users.”