Washington cannabis employment and drug testing law
Hiring-stage protections only. At the hiring stage only, employers can’t discriminate over off-duty use or over tests that detect nonpsychoactive metabolites, with safety-role exceptions. Status: Hiring-stage protections only — State law limits some pre-employment testing or hiring decisions, but not discipline of current employees generally.
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Key Takeaways
- Status: Hiring-stage protections only — State law limits some pre-employment testing or hiring decisions, but not discipline of current employees generally.
- Main source: RCW 49.44.240.
- Federal testing rules (DOT and federal workplace programs) apply regardless of state law.
What the law protects
- RCW 49.44.240 makes it unlawful to discriminate against a person in the initial hiring for employment because of the person’s use of cannabis off the job and away from the workplace, or because of an employer-required pre-employment drug screening test that found nonpsychoactive cannabis metabolites.
Exceptions and limits
- The section covers initial hiring; it does not limit post-accident or reasonable-suspicion testing or discipline of current employees.
- It does not apply to positions requiring a federal background investigation or security clearance, or to law enforcement, fire departments, first responders (including 911 dispatch), corrections, the airline or aerospace industries, or safety-sensitive positions the employer identifies where impairment could present a substantial risk of death.
- Employers may still test for other drugs, or test for cannabis where the cannabis results are not provided to them.
Drug testing rules
- Federal and state laws requiring drug testing are not preempted.
Notes and history
- Added by 2023 c 359 s 2.
Federal law and testing
Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.
Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.
For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.
Common questions
Can you be fired for using cannabis in Washington?
Washington’s protection (RCW 49.44.240) mainly applies at the hiring stage. It does not generally stop an employer from disciplining a current employee for impairment or a policy violation, and it has exceptions for listed safety roles and federal requirements.
Can Washington employers still drug test for THC?
Testing is limited in some situations but not banned outright. Read the testing section above for what RCW 49.44.240 allows, and remember that federally required tests (for example DOT-regulated jobs) are unaffected.
Does Washington law protect CDL drivers or federal workers?
No state law overrides federal testing rules. DOT-regulated employees remain subject to federal cannabis testing, and a state medical recommendation is not an accepted explanation for a positive result.
Sources
- government Revised Code of Washington 49.44.240, Cannabis use — Discrimination in hiring (Washington State Legislature) ↗ accessed 2026-10-03
- government eCFR, 49 CFR § 40.151 — What are MROs prohibited from doing as part of the verification process? (U.S. DOT) ↗ accessed 2026-10-03
- government Federal Register, Mandatory Guidelines for Federal Workplace Drug Testing Programs: Authorized Testing Panels (March 13, 2026) ↗ accessed 2026-10-03