Washington State Law Preventing Employers From Refusing to Hire Marijuana Users Now in Effect

Legislation designed to end discriminatory hiring practices against those who use marijuana during their personal time officially took effect yesterday.

Senate Bill 5123, filed by Senator Karen Keiser, passed the House of Representatives and Senate in April, with the votes being 56 to 41 and 30 to 18 respectively. The measure, signed into law by Governor Jay Inslee in May, officially took effect yesterday, January 1.

The new law protects marijuana consumers by prohibiting employers from refusing to hire someone who tests positive for marijuana on a pre-employment drug test.

“It simply doesn’t make sense to base an employment decision on that kind of unreliable outcome and test,” says Senator Keiser, who points out the fact that most employers test for THC metabolites which can remain in the system for weeks.

“This will allow for more people to apply for jobs without having to worry that they’re going to be screened out in that hiring process,” said Derek Stanford, one of the bill’s cosponsors. ”When people are using legal substances like cannabis away from work, we don’t think that should be a barrier to just applying for the job.”

The law, which does not allow employees to use marijuana while on the job, is similar to a California law that also took effect yesterday.

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