Are medical marijuana users exempt from drug testing?

The answer to the question of whether medical marijuana users are exempt from drug testing in Washington depends on the context in which the drug testing is being conducted. According to Washington State’s medical marijuana law, patients are protected from discrimination in employment on the basis of their medical marijuana use. This means that employers may not consider medical marijuana use when deciding whether or not to hire a job candidate or when making public assistance eligibility determinations. In addition, it may be illegal for an employer to require applicants or employees to take a drug test for marijuana if they are lawfully using the drug for medical reasons. However, it is also important to recognize that there are certain contexts in which drug testing may be required and an exemption may not be available to medical marijuana users. For example, if an employee or job applicant is required to take a drug test as part of a federal program, such as the Department of Transportation drug testing program, the employee or job applicant may not be exempt. In addition, an employer may be able to require a drug test if it has reasonable suspicion of drug use, regardless of the employee’s or applicant’s medical marijuana use. In summary, whether or not medical marijuana users are exempt from drug testing in Washington depends on the context of the drug test. While some contexts may provide an exemption, employers may also be able to require drug tests in certain situations.

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Are medical marijuana users exempt from drug testing?

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