A bill passed by the state Senate on Wednesday would ban Washington companies from refusing to hire a candidate solely because of a positive drug test for marijuana use.
Initiative 502 was passed in 2012 by Washington voters to legalize recreational marijuana. Despite the fact that other states have moved to legalize the drug more than a decade later, Washington businesses can still screen out applicants who use cannabis.
If Senate Bill 5123 becomes law, Washington would join a number of other states that have approved legislation protecting employees from employment repercussions for off-duty cannabis usage. Wednesday, the state Senate approved the bill by a vote of 28-21, sending it to the House for additional consideration.
Nevada became the first state in 2019 to prohibit employers from rejecting applicants based on a positive cannabis drug test. In 2018, California Governor Gavin Newsom signed into law a bill prohibiting discrimination in hiring, firing, and other job conditions based on off-duty cannabis usage.
Sen. Karen Keiser (D-Iowa), the sponsor of the Washington bill, proposed a similar idea last year, but it did not reach the floor for a vote.
Keiser stated that Washington’s measure only covers drug testing before employment. An employer could still test you for cannabis after you’ve been hired and make a hiring judgment based on a drug test that excludes cannabis.