Washington State Drug Testing Laws

Workplace drug testing issues – State Laws – Washington

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Drug Testing IssueStatusComments
Instant or POCT Testing No Restrictions
Drug PanelsNo Restrictions
LaboratoryNo Restrictions
Medical Review Officer (MRO)Not RequiredUse of MRO highly recommended to avoid liability in your drug testing program.
Random TestingNo Restrictions
Post-Accident No Restrictions
Reasonable SuspicionNo RestrictionsDocument carefully
Oral FluidsNo Restrictions
Hair TestingNo Restrictions
Unemployment DenialYes, address in company policyState that violation of drug free workplace policy is misconduct to deny unemployment benefits. RCW 50.20.066
Workers Comp DiscountNo
Intoxication DefenseNo
Medical MarijuanaYesMedical marijuana is regulated in Washington but may no requirement to accommodate in any place of employment. Employer has no duty to accommodate medical marijuana in drug free workplaces under Washington law even when use outside workplace. See below regarding pre-employment testing for marijuana according to State Bill 5123, effective 01/01/2024.cint
Recreational MarijuanaYesEffective 01/01/2024, State Bill 5123 limits how employers may do pre-hire drug tests for cannabis (aka marijuana). Recomend no marijuana for non-DOT non safety sensitive positive pre-employment test. Employers still may and should test for cannabis for random selections, post-accident, reasonable suspicion, follow-up or return-to-duty testing.
Report Driver DOT Positives See CommentsThe state department of licensing must not renew a CDL if the CDL holder is prohibited from operating a commercial motor vehicle based on a query of the drug and alcohol clearinghouse as provided in 49 C.F.R. Sec. 12 383.73. This replaces the requirement of drug testing outside of DOT-required testing.
General Statute--No State Law on Drug Testing, no restriction.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local law varies greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

State Law Washington

RCW 50.20.066

Drug Testing in Washington

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Marijuana Laws for Washington

Marijuana considerations are important and marijuana laws often update often, check out Marijuana in the Workplace.