Why it matters: Washington state has implemented a bill that provides broad protections for employees who consume cannabis whilst limiting employment drug testing for the substance in many scenarios. Employers have until January 1, 2024 to comply with the bill’s provisions.
What they are saying: Washington Senator Karen Keiser, the bill’s sponsor, asserts that SB 5132 promotes a workforce that is fair and consistent whilst also being “good for business”. Paul Armentano, Deputy Director of advocacy group NORML, stated that employers who allow their employees to legally and responsibly consume alcohol off the clock typically take no sanction against their employees – the same practice should be applied to cannabis use.
The big picture: Other US states such as California, New Jersey, New York, and Nevada have already implemented laws limiting employers’ rights to drug testing for THC and sanctioning workers for cannabis use whilst off the clock.
What to watch: Employers must review legislation framework to remove pre-employment drug testing requirements compliant with the newly implemented legislation. However, the legislation’s exemptions have been identified for jobs within industries such as federal security clearances, law enforcement, the fire department, corrections officers, the airline or aerospace industries and safety-sensitive positions.
My take: The passage of this legislation is a positive step towards normalizing the use of cannabis. Cannabis users should be held to the same standards as those who drink alcohol legally and responsibly off the clock and other studies show that off-clock cannabis use generally does not affect the performance of task and should not be subject to any stigma by employers.
