California and Washington State Laws Designed to Curb Discrimination and Inquiries into Applicant Cannabis Usage: A Reminder

Effective January 1, 2024, new laws now prohibit adverse action on pre-employment and/or off-duty use drug testing results based on the non-psychoactive metabolite(s) of marijuana in urine or hair.

As previously reported, California and Washington have both enacted laws that prohibit employers from taking adverse action based on non-psychoactive metabolites of marijuana in urine or hair. Because non-psychoactive cannabis testing can reveal prior usage of marijuana, these results cannot be considered when making a hiring decision.

Most laboratories are now offering alternative options to assist employers in navigating these new laws:

  • Consider opting for Oral Fluid testing, which only screens for the psychoactive parent drug in marijuana, tetrahydrocannabinol.
  • Consider removing THC testing from your existing urine or hair testing panel.

Employers should note that these new laws in California and Washington do not impact drug testing requirements by the Department of Transportation (DOT).

Employers should consult their legal counsel to evaluate their pre-employment and post-offer procedures to ensure they adequately address these new laws. If you have any questions, please contact your sales executive, account manager, or our customer service team.

Posted: January 12, 2023

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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