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Washington Governor signs bill to protect employees from drug testing for THC

Washington Gov. Jay Inslee signed Senate Bill 5132 to protect employees from pre-employment drug testing for cannabis in most situations.
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The Washington Governor signed the bill on May 9th, in order to lay out broad protections for employees who consume cannabis while imposing limitations on employment drug testing for cannabis.

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

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

With i502, Washington legalized adult-use cannabis sales in 2012. During the 2022-2023 legislative session, lawmakers in Washington worked to implement a bill that will bridge the gap between hiring practices and current law. SB 5132 provides exemptions for jobs that involve federal security clearances or background investigations, in law enforcement, the fire department, first responders, corrections officers, the airline or aerospace industries, or in safety-sensitive positions.

Photo by: Samad Ismayilov

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