{"id":6535,"date":"2023-06-12T03:23:00","date_gmt":"2023-06-12T03:23:00","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=6535"},"modified":"2026-10-12T07:25:24","modified_gmt":"2026-10-12T12:25:24","slug":"preemployment-drug-test-laws-minnesota-and-washington","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/employment-law-updates\/preemployment-drug-test-laws-minnesota-and-washington\/","title":{"rendered":"New preemployment drug test laws in Minnesota and Washington"},"content":{"rendered":"\n
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by David B. Weisenfeld<\/strong><\/p>\n<\/div>\n\n\n\n

A growing number of states are restricting employers<\/a> from testing job applicants or employees for marijuana. In recent weeks, Washington and Minnesota passed laws that prohibit employers from using a marijuana test result to make an employment eligibility decision unless they are required to do so by federal or state law.<\/p>\n\n\n\n

Last year, California and the District of Columbia passed measures that made it unlawful for an employer to discriminate against an individual in hiring, firing or other terms of employment based on their off-duty cannabis use.<\/p>\n\n\n\n

In all, 23 states have legalized recreational marijuana use in some fashion, so more laws requiring employers to revisit their drug testing programs may be on the way.<\/p>\n\n\n\n

Washington<\/h2>\n\n\n\n

Washington became one of the first two states in the nation to legalize recreational marijuana use in 2012. Effective January 1, 2024, employers in the Evergreen State will be subject to limitations on employment drug testing, particularly related to marijuana.<\/p>\n\n\n\n

The new law, SB 5123<\/a>, bans employers from discriminating against an applicant in the hiring process based on their lawful off-duty use of cannabis away from the workplace. In particular, it prohibits employers from relying on preemployment drug tests that screen for the presence of “non-psychoactive” cannabis metabolites in their hair, blood, urine or other bodily fluids.<\/p>\n\n\n\n

However, nothing in the law prohibits Washington employers from continuing to:<\/p>\n\n\n\n