Cannabis pre-employment testing bill passes Senate

OLYMPIA – Senate Bill 5123 passed the Senate Wednesday and would ban pre-employment cannabis tests if signed into law.

“It comes down to discriminating against people who use cannabis,” said Senator Karen Keiser (D-Des Moines), sponsor of the bill and chair of the Senate Labor and Commerce Committee. “For people using a legal substance, having a pre-employment test like this is just plain unfair, and we should stop it.”

A release by the Washington State Senate Democrats states currently available cannabis tests work by detecting metabolites that can remain in the body for weeks after use, long after they are causing impairment. This makes cannabis different from how alcohol and other drugs show up in tests and can lead to discrimination against people using a perfectly legal — and sometimes medically necessary — substance in a responsible way.

If passed, applicants in Washington would no longer be subject to pre-employment cannabis testing, the release states. Employers could still maintain drug-free workplace policies for employees and would not prohibit using tests for other drugs or cannabis tests after accidents or because of suspicion of impairment.

The release stated the bill would not apply to job applicants in airline and aerospace industries or applicants for positions that require federal government background investigations or security clearances.

“At a time when the number of unfilled positions is extremely high, we shouldn’t be limiting our workforce by deterring qualified job applicants,” said Keiser. “This legislation opens the door for people who might otherwise not even apply for a position.”

The substitute bill now moves to the Washington House for consideration.