Washington governor signs bill protecting employees from drug testing for THC

Washington State will soon take action to protect employees from pre-employment drug testing for cannabis in many situations.

On May 9, Gov. Jay Inslee signed Senate Bill 5132, which provides comprehensive protections for employees who use cannabis, while introducing restrictions on workplace cannabis drug testing.

Employers must prepare to comply by January 1, 2024, the effective date of the bill. The bill was sponsored by Sen. Karen Keizer (D-Des Moines), who serves as chair of the Senate Labor and Commerce Committee.

“It is unlawful for an employer to discriminate against an individual upon initial employment if the discrimination is based on: (a) the individual’s use of cannabis outside of the workplace and off the workplace; or (b) an employer-mandated drug test that found the person has non-psychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids,” the bill reads.

In 2012, Washington legalized the sale of adult-use cannabis with i502. During the 2022-2023 legislative session, lawmakers in Washington worked to enact a bill intended to close the gap between hiring practices and current law.

SB 5132 provides exceptions for jobs that involve federal security clearances or background investigations, law enforcement, firefighters, first responders, correctional officers, in the airline or aerospace industry, or in security-related positions.

Why drug tests for cannabis don’t work

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 lasts only three to 10 hours. These researchers found that drug testing for cannabis was likely an inaccurate way of determining impairment.

“Urine testing for cannabis use outside of the workplace has never been an evidence-based measure,” said Paul Armentano, associate director of NORML. Rather, this discriminatory practice is a holdover from the drug war zeitgeist of the 1980s. But the times have changed; Attitudes have changed, and in many places marijuana laws have changed as well. It is time workplace policies adapted to this new reality and stopped penalizing employees for activities they perform outside of their working hours that do not pose a risk to workplace safety.”

Armentano added, “People who legally and responsibly consume alcohol outside of the workplace will not be penalized by their employers unless it interferes with their job performance.” Similar standards should apply to those who legally consume cannabis.”

Nevada passed a similar law in 2019 to ban employers from drug testing for cannabis. California, Connecticut, Montana, New Jersey, New York and Rhode Island have enacted workplace safety regulations that restrict employers’ ability to either test for THC or penalize employees for using cannabis during recreational periods. At the local level, Atlanta, Baltimore, Philadelphia and the District of Columbia have passed bills to restrict employers’ ability to pre-screen applicants for past cannabis use.

The effects of cannabis wear off within hours. Numerous studies show that employees who use cannabis 24/7 perform no differently than their colleagues who do not use cannabis.

The new law means Washington employers must review and revise their drug testing policies to align with the protections of SB 5132. Eliminate all pre-employment drug testing requirements that test or report non-psychoactive cannabis metabolites and ensure compliance Clearly state drug testing exceptions, e.g. B. after an accident or in suspicious situations.

New York has issued similar guidelines. In October 2021, the New York State Department of Labor (DOL) released new guidance on legalized recreational and workplace marijuana use, including the new worker protections. The new guidelines make it clear that employers should tolerate cannabis use outside of working hours in most situations. It defines mandatory pre-employment drug testing for cannabis as “discrimination”.