Washington Bill would ban pre-employment drug testing for cannabis

Washington is set to be the next state that bans pre-employment cannabis drug testing. Because THC detection is not a good way to determine impairment due to how long cannabis remains in the system for, states are dropping cannabis drug testing.

The state’s drug testing system could be changed by a new bill. Senate Bill 51123 sponsored by Senator Karen Keiser (D–Des Moines) will prohibit pre-employment cannabis testing.

Keiser is the chairperson of Senate Labor & Commerce Committee. He stated that this was a win against discrimination towards people who use marijuana. We are stopping the discrimination against people who use legal substances, many of which for medical purposes.

State legislators are starting to realize that drug testing for marijuana is harmful, and other qualified applicants are not allowed to apply.

Keiser stated, “It doesn’t make sense to restrict our state’s workforce by discouraging qualified job candidates at a moment when there are atrocious levels of unfilled jobs,” This legislation allows people to apply for jobs that they might not otherwise be able to. That’s good news for both workers and employers.

Pre-employment drug testing would be the only subject of this bill. Employers could maintain drug-free policies in their workplaces for employees by using random drug testing.

The law would not ban drug testing to check for any other drugs. It also wouldn’t prohibit cannabis tests following accidents or suspicions of impairment.

Senator John Braun, R-Centralia), disagreed with this proposal. He suggested that the problem be dealt with by tweaking drug test rather than introducing legislation banning cannabis testing.

Braun stated, “I recognize the problem.” Braun said, “I don’t think this bill is the answer.”

A previous version of this bill included exemptions for applicants to the aviation industry due to safety concerns.

A Sen. Curtis King amendment (R-Yakima), added additional exemptions to this bill.

Safety-sensitive jobs that are susceptible to impairment would be at risk of death. The amendment was made instead of listing particular industries. Employers will need to inform applicants about whether they have tested positive for marijuana in pre-employment drug testing.

Is it accurate to determine impairment in work place?

The Spokesman Review reported cannabis metabolites may be detect long after impairment. This can last up to 30 consecutive days. According to the University of Sydney’s 2021 study, cognitive impairment may last anywhere from 3-10 hours. These researchers concluded that cannabis drug testing are likely inaccurate methods of diagnosing impairment.

Researchers wrote “Finding an objective measurement of cannabis use in recent years that correlates to impairment has proved to be an impractical goal.” These laws are similar to those in place nationwide that limit the blood alcohol content to 0.08%.

“These results provide additional evidence that specific blood levels of delta-9THC do not correlate to impairment and that using per se legal limits is not scientifically justified at this time,” says the study that was published in the Scientific Reports.

As the bill moves through the legislative process, it will be sent to a House Committee for an unscheduled public hearing. It will then return to the Senate to get a concur vote, before being signed by the governor.

The post Washington Bill Would Ban pre-employment drug testing for cannabis was first published on High Times.