January 3, 2024
Skylar Foley
Washington’s Senate Bill (SB) 5123 will take effect January 1, 2024. The bill was signed into law by Washington Governor Jay Inslee on May 9, 2023. This law adds protections for adult cannabis users. SB 5123 prohibits employers from discriminating against job applicants and employees based solely on off-duty cannabis use. Employers cannot take adverse actions based solely on cannabis use, if the usage occurs outside of work hours and does not impair job performance.
SB 5132 also added the following new sections to chapter 49.44 of the Revised Code of Washington (RCW):
Similar to California’s Assembly Bill (AB) 2188, employers are not prohibited from basing initial hiring decisions on drug screenings conducted through methods that do not screen for non-psychoactive cannabis metabolites.
As a result of these new laws, California and Washington employers may want to use alternative testing options. One option is oral fluid testing (saliva testing). Oral fluid testing has the ability to identify the presence of psychoactive metabolites shortly after cannabis consumption. The typical timeframe for detection is between a few hours to a few days after consumption.
Employers operating in California and Washington are encouraged to review their drug testing policies and programs, and make any necessary revisions prior to January 1, 2024.