Marijuana Legality. Under federal and state law, marijuana is classified as a Schedule I substance. The manufacture, possession, or distribution of Schedule I substances is a criminal offense. Since 1998, Washington has allowed qualifying patients to use limited amounts of marijuana for medicinal purposes. Since 2012, adult-use, recreational marijuana has been legal in Washington. While Washington has a legal, adult-use system, marijuana remains a Schedule I substance under state law.
Marijuana and the Workplace. Employers may establish drug-free workplace policies. Regardless of workplace policy, employers are not required to accommodate on-site medical use of marijuana.
Washington Law Against Discrimination. Under the Washington Law Against Discrimination (WLAD), it is an unfair practice to discriminate in employment on the basis of the presence of any sensory, mental, or physical disability. An employer must provide reasonable accommodation to a disabled worker unless the employee can show that the reasonable accommodation would impose an undue hardship. The Washington State Human Rights Commission (HRC) administers WLAD. In its 2016 Guide to Disability and Washington State Nondiscrimination Laws, HRC states the use of medical marijuana is not a reasonable accommodation of a disability under WLAD in an employment setting.
Other. In Roe v. TeleTech, the Washington Supreme Court rejected a wrongful discharge claim and held that an employer may discharge an employee for authorized use of medical marijuana.
The states of Nevada, New York, and Maine, the cities of New York and Philadelphia, and the District of Columbia have adopted laws prohibiting, with various exceptions, refusal-to-hire or pre-employment marijuana drug testing.
Cannabis has the meaning provided for marijuana under the state Uniform Controlled Substances Act.
Employers are prohibited from refusing to hire a prospective employee and terminating a current employee due to a positive cannabis test. Exceptions are provided for the following: