On Tuesday, a Washington State House committee introduced legislation that would prevent job applicants from being discriminated against because they use marijuana.
The bill, which passed the full Senate last week would prohibit employers from refusing to hire applicants for testing positive for marijuana on pre-employment drug screens. However, workers could still be fired if they test positive for marijuana after being hired.
The House Labor and Workplace Standards Committee voted 6-3 in favor of the measure, SB 52123.
Rep. Liz Berry (D), the chair of the committee, stated before the final vote that it “protects workers who legally use cannabis in Washington” and “prevents any discrimination from cannabis use by Washington residents, just as alcohol is permitted.” However, the legislation does not provide additional protections for those who have used marijuana once they have been employed.
According to the bill’s supporters, this change is necessary because many Washingtonians are afraid of failing a drug screen and don’t apply for jobs.
Last month, Sen. Derek Stanford (D), co-sponsor of the legislation stated that this will make it easier for more people to apply to jobs and not have to worry about being screened in the hiring process.
At Tuesday’s Hearing, two amendments were rejected by Republican members. The bill will therefore remain in the same form it passed the Senate.
One amendment would have increased the number of jobs exempted from the bill’s protections. It would include more positions in law enforcement and fire departments, as well as jails. Rep. Mary Fosse (D), vice-chair of the committee, pointed out that the bill already exempts all positions that require federal background checks and security clearances. This includes anyone working in the aerospace or airline industries, or any safety-sensitive position where impairment could pose a substantial danger to death.
Another would have given the state attorney general the power to enforce the law. This could include conducting investigations, pursuing administrative sanctions or economic punishments against employers who break the rule. The law would also have imposed maximum penalties on employers. Democrats argued that the amendment would incorrectly place cannabis conduct in a section state law dealing criminal matters.
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Washington State was the first state in the United States to legalize adult marijuana use. In 2012, voters approved the measure. However, the state’s current cannabis laws don’t offer protections for employees or job-seekers who smoke marijuana on their own.
SB5123’s sponsor, Sen. Karen Keiser, (D), described the measure as “simply opening up the front door to getting into a position,” adding: “If your employer wants you to test every week after you are hired, they can still do that.”
Several other states that have legalized cannabis already have laws prohibiting employers disqualifying applicants for employment on the basis of their marijuana use. In 2019, Nevada adopted this policy, and California’s governor last year. Gavin Newsom (D), signed a law that makes it illegal for employers to discriminate against someone in hiring, terminating, or any other term or condition of employment or penalizing a person because of their off-duty marijuana use.
Other Washington State marijuana and drug policy bills are also moving forward. These include allow interstate cannabis commerce, and study therapeutic use of psilocybin.
Last month’s lawmakers declined to act on a separate bill that would have legalized the home cultivation of marijuana . This means that cultivating plants for personal use in the state remains a crime.
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The post Washington Bill to Protect Job Applicants from Marijuana Discrimination Advances in House After Passing Senate originally appeared on Marijuana Moment.
