Washington Bill would ban pre-employment drug testing for cannabis

Washington state is poised to become the next state to ban most pre-initiation drug testing for cannabis. Because detecting THC is a poor way to measure impairment given how long cannabis has been in the system, more states are phasing out drug testing for cannabis.

A new law could change the way drug tests in the state look for cannabis. Senate Bill 5123, sponsored by Senator Karen Keizer (D-Des Moines), will ban pre-employment cannabis testing.

“This is a victory against discrimination against people who use cannabis,” said Keizer, who serves as chair of the Senate Labor and Commerce Committee. “For people who use a legal substance – many of them for medical reasons – it is simply unfair to exclude them from jobs on the basis of a recruitment test and we are putting an end to this.”

State lawmakers are beginning to realize the detriment of cannabis drug testing when otherwise qualified applicants are denied jobs.

“There is no point in restricting our country’s workforce by deterring qualified applicants, especially at a time when job vacancies are at historic highs,” Keizer said. “This law opens doors for people who might not otherwise even apply – and that’s a win for workers and employers alike.”

The bill would only apply to pre-employment drug testing, meaning employers could still maintain drug-free workplace policies for employees, such as: B. Random drug testing.

It would not ban the use of drug tests to screen for other drugs, and it would not ban the use of cannabis tests after accidents or suspected impairment.

Senator John Braun (R-Centralia) disagreed with the proposal, saying the problem should be addressed by streamlining drug testing rather than introducing legislation banning drug testing for cannabis.

“I recognize the problem,” Braun said. “I’m not sure if this bill is the solution.”

An earlier version of the bill provided for exceptions, e.g. B. for applicants in the airline industry because of safety concerns, as well as for government-regulated positions that typically require drug testing.

An amendment by Sen. Curtis King (R-Yakima) added more exceptions to the law.

The bill would not apply to safety-sensitive jobs where impairment while on the job would risk death, which was changed instead of listing specific industries. Employers would have to tell applicants if they test positive for cannabis in pre-employment drug tests.

Are drug tests an accurate way to identify impairment in the workplace?

The Spokesman review reports that cannabis metabolites can be detected long after impairment has lasted up to 30 days or more. However, according to a 2021 study by the University of Sydney, cognitive impairment can last from three to 10 hours. These researchers found that drug testing for cannabis was likely an inaccurate method of determining impairment.

Researchers wrote that “finding an objective measure of recent cannabis use that correlates with impairment has proved an elusive goal.” Some states have enacted laws that set legal limits on the amount of THC a driver can have in their blood, similar to the national limit of 0.08% blood alcohol content.

“These results provide further evidence that single measurements of specific delta-9-THC blood concentrations do not correlate with impairment and that the use of per se legal limits for delta-9-THC is currently not scientifically justifiable,” says the in study published in Scientific Reports magazine.

The bill will go through the legislative process and will be brought before a House Committee for a public hearing that is not yet scheduled. It is then returned to the Senate for a consensus vote before going to the governor’s desk for signature.