Last verified: March 2026

Overview: RCW 49.44.240

On January 1, 2024, Washington became one of a growing number of states to enact employment protections for off-duty cannabis users. Under RCW 49.44.240, it is unlawful for most employers to discriminate against a person in hiring or the terms of employment based on:

• The person's use of cannabis off the job and away from the workplace
• An employer-required drug test that detects non-psychoactive cannabis metabolites

This is a significant distinction. The law targets non-psychoactive metabolites — the residual compounds that remain in the body long after impairment has worn off. Standard urine drug tests detect these metabolites, which can be present for days or weeks after cannabis use. RCW 49.44.240 recognizes that detecting these metabolites does not indicate current impairment.

It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon the person's use of cannabis off the job and away from the workplace or an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.

RCW 49.44.240

What the Law Protects

RCW 49.44.240 establishes two core protections:

1. Off-Duty Use Protection

Employers cannot take adverse hiring or employment actions based solely on a person's use of cannabis off the job and away from the workplace. This means:

• Employers cannot refuse to hire someone because they use cannabis during their personal time
• Using cannabis on weekends, evenings, or days off cannot be the basis for discrimination
• The protection applies to initial hiring, meaning employers cannot screen out candidates based on off-duty cannabis use

2. Non-Psychoactive Metabolite Protection

Employers cannot discriminate based on drug test results that detect non-psychoactive cannabis metabolites in hair, blood, urine, or other bodily fluids. This is the practical enforcement mechanism:

• Standard urine drug tests detect THC-COOH, a non-psychoactive metabolite that can remain in the body for weeks
• These metabolites indicate prior use, not current impairment
• A positive test for non-psychoactive metabolites alone cannot be used against a job applicant

Exceptions: Who Is Not Protected

The protections under RCW 49.44.240 do not apply to certain categories of employment:

The aerospace exemption is particularly relevant in Washington given the state's large aerospace industry. Boeing, the state's largest private employer, and its suppliers are generally exempt from the protections of RCW 49.44.240.

What Employers Can Still Do

Despite the new protections, employers retain important rights:

• Prohibit impairment at work. No employee may be under the influence of cannabis during work hours, regardless of their off-duty use. On-the-job impairment remains grounds for discipline and termination.
• Maintain workplace policies. Employers can enforce cannabis-free workplace policies that apply to work hours and the employer's premises.
• Test for reasonable suspicion. Employers may require drug testing based on reasonable suspicion of impairment at work (observed behavior, accidents, safety concerns).
• Test exempt positions. All exempt categories listed above can still be tested, including pre-employment screening.
• Use tests that detect active THC. The law protects against discrimination based on non-psychoactive metabolites. Tests that detect active THC (indicating current or very recent use) are treated differently.

How Washington Compares to Other States

Washington's employment protections are part of a growing national trend. Several legal states have enacted similar laws, though the specifics vary:

Federal Considerations

Washington's employment protections operate only under state law. Federal law still classifies cannabis as a Schedule I controlled substance:

• Federal DOT regulations still require cannabis testing for CDL holders, airline pilots, train operators, pipeline workers, and other safety-sensitive transportation positions
• Federal contractors subject to the Drug-Free Workplace Act may still require testing
• Federal employees are subject to federal drug testing requirements regardless of state law
• Employees working on federal installations in Washington (Joint Base Lewis-McChord, Naval Station Everett, VA facilities) are subject to federal rules

Practical Guidance for Employees

• Know whether your position is exempt. If you work in aerospace, hold a CDL, require a federal security clearance, or are in a safety-sensitive role, the protections may not apply to you.
• Review your employer's policy. Even with legal protections, understanding your employer's specific cannabis policy helps you make informed decisions.
• Never be impaired at work. RCW 49.44.240 protects off-duty use — it does not protect on-the-job impairment. This is the bright line.
• Document everything. If you believe you have been discriminated against in violation of RCW 49.44.240, document the timeline, the testing, and any communications about the adverse action.
• Understand what the test detects. If you are asked to take a drug test, understand whether it tests for non-psychoactive metabolites (protected) or active THC (not protected under the same standard).

Official Sources

• RCW 49.44.240 — Cannabis Use Discrimination
• Washington State Liquor and Cannabis Board
• Washington State Department of Labor & Industries