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Washington drug testing laws for employers
Washington has no general drug testing statute for private employers. Since January 2024, most employers cannot refuse to hire someone for off-duty cannabis use or for a test that finds only non-psychoactive cannabis metabolites. Tests of current employees, such as post-accident and reasonable suspicion tests, are not affected.
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The state law
- We found no general state statute that sets drug testing rules for private employers (no statute found).
- Washington's old drug-free workplace program law expired on January 1, 2001 (RCW 49.82).
Testing applicants
- You may not discriminate in initial hiring based on a person's off-duty cannabis use or a test that found non-psychoactive cannabis metabolites (RCW 49.44.240(1)).
- You may still base hiring on valid drug tests that do not screen for non-psychoactive cannabis metabolites (RCW 49.44.240(2)(a)).
- Your applicant panel may include cannabis as long as the cannabis results are not given to you (RCW 49.44.240(4)(b)).
- The rule does not apply to jobs needing a federal background check or clearance, law enforcement, fire, first responder and 911 jobs, corrections officers, or airline and aerospace jobs (RCW 49.44.240(3)(a)-(f)).
- It also does not apply to safety-sensitive jobs where impairment risks death, if you named those jobs before the person applied (RCW 49.44.240(3)(g)).
- State or federal laws that require applicant testing, such as DOT rules, still apply (RCW 49.44.240(4)(a)).
Random testing
- We found no state law that limits random testing by private employers (no statute found).
- The hiring rule does not cover post-accident, reasonable suspicion or other non-pre-employment tests (RCW 49.44.240(2)(c)).
Marijuana (recreational)
- Washington's cannabis protection covers initial hiring only (RCW 49.44.240(1)).
- You may keep a drug- and alcohol-free workplace (RCW 49.44.240(2)(b)).
- You may set drug-free work policies, and you do not have to accommodate medical cannabis use if you have a drug-free workplace (RCW 69.51A.060(7)).
- You do not have to allow on-site medical cannabis use at work (RCW 69.51A.060(4)).
Common questions
Is drug testing legal for employers in Washington?
Washington has no general drug testing statute for private employers. Since January 2024, most employers cannot refuse to hire someone for off-duty cannabis use or for a test that finds only non-psychoactive cannabis metabolites. Tests of current employees, such as post-accident and reasonable suspicion tests, are not affected.
Can employers in Washington test applicants before hiring?
You may not discriminate in initial hiring based on a person's off-duty cannabis use or a test that found non-psychoactive cannabis metabolites (RCW 49.44.240(1)).
Is random drug testing allowed in Washington?
We found no state law that limits random testing by private employers (no statute found).
Can a Washington employer act on a positive marijuana test?
Washington's cannabis protection covers initial hiring only (RCW 49.44.240(1)).
Some rules for Washington weren't confirmed from an official source. Check with the state before relying on this page.
Sources
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.