As of October 14, 2026, Washington generally protects an applicant from an initial-hiring decision based on cannabis used away from work or on a result for nonpsychoactive cannabis metabolites. The rule has important job-based exceptions, so start with the position you applied for and the employer’s written policy.
RCW 49.44.240 became effective January 1, 2024. It addresses the initial hiring decision; it does not erase workplace rules that can apply after employment begins.
Short answer: what does Washington protect in an initial hire?
As of October 14, 2026, RCW 49.44.240 protects an applicant when an employer’s initial hiring decision rests on either off-job, away-from-work cannabis use or a required screen that identifies nonpsychoactive cannabis metabolites in hair, blood, urine, or another body fluid.
Put simply, a metabolite result can reflect past cannabis exposure. It is different from a finding that you were impaired while performing a job. That distinction matters for many ordinary applicants, but the statute names several roles where this hiring protection does not apply.
If your concern started with a THC product, Delta 9 and Drug Tests explains why a product label does not answer every workplace-testing question. For a result already in motion, THC Drug-Test Confirmation outlines the screening and Medical Review Officer steps.
What testing can an employer still use?
As of October 14, 2026, the Washington statute permits initial-hiring decisions based on scientifically valid testing methods that do not look for nonpsychoactive cannabis metabolites. It also leaves intact an employer’s ability to maintain a drug- and alcohol-free workplace and to follow obligations imposed by federal law or regulation.
The rule also separates preemployment cannabis metabolite results from later or different testing circumstances. Its protection does not cover testing for controlled substances other than preemployment testing, including testing after an accident or when there is suspicion of impairment or being under the influence of alcohol, controlled substances, medications, or another substance.
RCW 49.44.240(4)(b) deals with a broader drug panel. As of October 14, 2026, an employer may require a panel for a range of controlled substances, including cannabis, when the employer is not given the cannabis result. The statute keeps that arrangement subject to the initial-hiring protection in subsection (1).
Federal requirements may control certain jobs. The DOT medical-marijuana notice states that marijuana use remains unacceptable for DOT-regulated safety-sensitive workers, including when someone has a state medical-marijuana recommendation.
Which jobs are excluded from this protection?
As of October 14, 2026, RCW 49.44.240(3) lists these exceptions. The wording below follows the statute:
- Jobs that need a federal background investigation or a security clearance.
- Jobs with a general-authority Washington law enforcement agency (as RCW 10.93.020 defines it).
- Jobs with a fire department, fire protection district or regional fire protection service authority.
- Other first-responder jobs, including 911 dispatchers at public or private emergency communications systems and people who provide emergency medical services.
- Corrections officers at a jail, detention facility or the Department of Corrections, including anyone directly responsible for custody, safety and security of people held there.
- Jobs in the airline or aerospace industries.
- Safety-sensitive jobs where being impaired at work creates a substantial risk of death, but only if the employer identified the job as safety-sensitive before you applied.
The statute also leaves room for state or federal requirements that call for applicant testing, including requirements connected with a job, federal funding, federal licensing-related benefits, or a federal contract.
What should you do if a test affects your job offer?
Save the job advertisement, conditional offer, testing paperwork, employer policy, and any written result notice. You can ask the hiring contact whether the position falls within one of the statute’s exceptions and whether the employer was provided a cannabis result. That keeps the conversation focused on the rule that applies to the role, rather than assumptions about every Washington job.
For certain state-employee circumstances, Washington’s employee-testing rule describes policy and confidentiality requirements. It also addresses testing connected with suspected impairment, an accident, public safety work, medication dispensing, and firearms. The employer’s policy for the role remains the document that tells you what happens next.
This is general information, not legal advice. Deadlines can be short, so talk to HR, a union representative, or an employment lawyer quickly about your situation.
By HealthDataConsortium.org Research Team
