A shift in legislation is taking place on the American west coast. Washington state and California are enacting laws that protect job applicants’ off-duty use of marijuana. Starting from 2024, employers in both states will not be allowed to discriminate against potential hires based on their legal use of marijuana. Pending legislation in both states is a step forward towards evolving workplace norms and policies in line with changes in societal attitudes and laws on marijuana use.
Under this new law, effective from January 1, 2024, employers are forbidden from taking into account the results of preemployment drug tests that screen for nonpsychoactive cannabis metabolites when making hiring decisions. In essence, what an individual legally does in their spare time cannot be used as a justification for employment discrimination.
The overreaching impact of such laws underpin a growing trend across America that acknowledges the decriminalization and legalization of marijuana. Specifically, Perkins Coie explains , that these laws will prohibit employers from basing their hiring choices on an applicant’s legal marijuana use.
Legislations like these could potentially have ripple effects in the wider corporate world. It raises pertinent questions regarding the role employers should play in policing the out-of-office actions of their employees, and how these behaviors influence hiring decisions.
A similar law is expected to come into effect in near term future and other states could follow suit, which underlines the changing legal landscape for marijuana use in America – a development closely watched by legal professionals and corporate leaders alike.