Can my WA employer fire me for smoking cannabis in my free time? What law says

Washington state is considered progressive, especially when it comes to cannabis.

The Evergreen State was among the first to legalize both medical and recreational cannabis usage.

However, Washington state is still catching up in certain aspects of cannabis law, particularly employment.

Here’s what employers can — and can’t — do in terms of weed use, according to state law.

Can an employer refuse to hire me for using cannabis?

In 2024, a new Washington state law took effect that prohibits employers from discriminating against potential employees who use cannabis.

According to the Revised Code of Washington, pre-employment drug testing may include cannabis, but positive results for cannabis cannot be provided to the employer.

When making hiring decisions, it’s “unlawful for an employer to discriminate” against someone based on their use of cannabis “off the job and away from the workplace,” state law says,

Are there exemptions to the law?

Certain jobs are exempt from this law, including:

• Fire department and fire protection positions
• First responders
• Corrections positions “directly responsible for the custody, safety and security” of inmates
• Airline and aerospace jobs
• “Safety sensitive positions” where impairment presents “substantial risk of death,” which must be identified as such before a potential employee applies

Additionally, the legislation does not apply to federal positions or jobs requiring federal background checks or security clearances under the federal Drug-Free Workplace Act.

Can my boss conduct drug testing in Washington state?

While Washington state law prohibits employers from discriminating against cannabis users during the hiring process, there is no law regarding continued employment.

In fact, employers in the Evergreen State are explicitly allowed to enforce drug-free workplaces.

Employers can also conduct test current employees for drug use under certain circumstances.

These include when the employee has been involved in a workplace accident or there’s “reasonable suspicion” that the employee was under the influence of drugs or alcohol at work, according to employment screening provider iProspectiveCheck.

Can I get fired for smoking pot in my free time?

Employers are allowed to fire workers who violated drug-free policies at the workplace.

If the workplace policy extends to outside-of-work drug consumption, it is legal to fire workers for their off-hours cannabis usage — even if it’s medicinal.

The Washington Supreme Court ruled that even medical usage is not protected under current laws.

It is also permissible to fire an employee who is under the influence of intoxicants while on the clock.

In other states, including Arizona and Delaware, employees are protected from losing their jobs for using weed outside of work.

This story was originally published April 9, 2026 at 5:00 AM with the headline "Can my WA employer fire me for smoking cannabis in my free time? What law says."