Washington State Cannabis Screening Law — What Employers Should Know

TL;DR

If you screen applicants in Washington, state law (RCW 49.44.240) limits how you can use a pre-employment drug test result that shows only non-psychoactive cannabis metabolites. Certain safety-sensitive and regulated positions are exempt. Verified First reports the confirmed result from your selected panel; how that result may be used in a hiring decision is governed by this statute, and we recommend confirming your approach with your own legal counsel.

Background

Effective January 1, 2024, Washington's RCW 49.44.240 restricts employers from basing an initial hiring decision on:

• An applicant's off-duty, off-premises cannabis use, or
• A pre-employment drug screen that detects only non-psychoactive cannabis metabolites (which indicate past use, not current impairment).

What the Law Doesn't Change

• Your ability to maintain a drug- and alcohol-free workplace.
• Your ability to test and act on results for post-accident testing or suspected on-the-job impairment.
• Testing of current employees (the law applies to initial hiring only).
• Your ability to select a screening method that doesn't test for these metabolites at all.

Exemptions

The law doesn't apply if the position:

• Requires a federal government background investigation or security clearance
• Is with a general-authority WA law enforcement agency
• Is with a fire department, fire protection district, or regional fire protection service authority
• Is a first responder role not covered above, including 911 dispatch or emergency medical services
• Is a corrections officer role with a jail, detention facility, or the Department of Corrections
• Is in the airline or aerospace industries
• Is safety-sensitive, where impairment presents a substantial risk of death
• Is DOT/FMCSA-regulated (CDL positions remain subject to federal zero-tolerance rules regardless of state law)

What Verified First Does

We report the confirmed result for the panel you've selected. We do not redact or withhold a final MRO-confirmed result. Whether and how that result may factor into your hiring decision is governed by RCW 49.44.240 and is a determination for you and your legal counsel — Verified First cannot provide legal advice on how to apply the exemptions to a specific role or applicant.

Note: the statute separately allows an employer to order a broader test panel that includes cannabis, provided the cannabis-specific result is not disclosed to the employer. This is a lawful structure the law contemplates, not a service Verified First currently offers.

Recommended Next Steps

If you have a Washington-based role and are unsure whether it qualifies for an exemption, or how to proceed after a cannabis-positive result, we recommend consulting your legal counsel before making an adverse hiring decision.

This document is provided for general educational purposes only and does not constitute legal advice. Laws and regulations governing background screening and employment vary by jurisdiction and are subject to change. Verified First is a Consumer Reporting Agency under the FCRA. It is not your legal counsel. Please consult qualified legal counsel to ensure your employment screening program is compliant with all applicable federal, state, and local laws.