The bill aims to address the employment discrimination faced by individuals who lawfully consume cannabis in Washington State. It establishes that employers cannot discriminate against applicants based on their off-duty cannabis use or the presence of nonpsychoactive cannabis metabolites in drug screening tests. The legislation recognizes the disconnect between legal cannabis use and hiring practices, emphasizing that past cannabis use does not correlate with an applicant's future job performance. However, it allows employers to conduct drug screenings that do not test for nonpsychoactive cannabis metabolites and maintains the right to enforce a drug-free workplace in compliance with federal laws.
Additionally, the bill outlines specific exceptions where the protections do not apply, including positions requiring federal background checks, law enforcement roles, first responders, corrections officers, and safety-sensitive positions where impairment could pose significant risks. It clarifies that while employers can require drug testing for controlled substances, the results for cannabis must not be disclosed to them. The act is set to take effect on January 1, 2024.