Two lawmakers filed legislation this week in response to a new Washington State law that protects most job applicants who use cannabis legally from employment discrimination in the hiring process.
HB 2047 is sponsored by Reps. Tom Dent, R, and Lauren Davis, D. It would add to the list of exemptions in the new law, which includes law enforcement, positions requiring a background investigation, or clearance from the federal government, firefighters, first responders and safety-sensitive jobs, corrections officers, and those working in the aviation or aerospace industries.
The bill allows employers to refuse to hire people who test positive to cannabis for positions such as “substance use disorder professionals or trainees, or any other position in the health care profession licensed or certified…where that person will provide services directly to patients or clients receiving treatment for substance abuse disorder.”
legislation does not require employers screen job applicants for marijuana. However, they are no longer subject to a newly-effective provision that makes it illegal for an employer discriminate against someone in the first hiring process if discrimination is based on” the use or possession of marijuana away from work and the workplace as well as a positive drug screening for cannabis metabolites.
The new antidiscrimination marijuana law only applies to job applicants. The employer can still enforce a drug-free environment or ban cannabis use by employees after they are hired.
Davis, who has long supported an end to criminal prohibition of cannabis but is concerned about the dangers associated with legalization, submitted two marijuana-related legislations in 2023, during the first half of the two year session. HB 1641 would place restrictions on marijuana products that contain more than 35 percent THC. This includes banning advertising, and prohibiting the sale of these products to those under 25. HB1642 would prohibit the sale and production of concentrates that contain more than 35 percent total THC, unless they are intended for medical purposes.
She sponsored legislation in 2020 that would have prohibited all concentrates with a THC content higher than 10%.
The legalization of marijuana has prompted a national discussion on cannabis-related employment policies.
Cleveland Mayor Justin M. Bibb announced that his city has “modernized” their drug testing policies for candidates for city jobs . This includes eliminating “antiquated terminology around pre-employment cannabis testing that previously hindered hiring attempts.”
In July, a Washington, D.C., law came into effect that prohibits private employers from firing employees or punishing them for marijuana use outside of work hours.
Michigan officials approved changes in the state’s Employment Policy during the summer. This means that applicants for most government positions will no longer have to undergo pre-employment drug tests for marijuana.
New York offers greater protections in the workplace for adults who use cannabis legally during non-working hours and away from their jobs.
In California, this week, two bills that were signed into law for 2022 and 2023 came into effect. These laws prohibit employers from questioning job applicants on their cannabis use in the past and from penalizing employees who use marijuana legally while not at work.
In 2023 the Psychedelics reform movement will accelerate with new state laws and momentum at the federal level
Photo by Philip Steffan.
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