Washington Marijuana Compliance

Both recreational and medical marijuana are legal in the state of Washington. While this does not restrict an employer’s ability to test employees and job applicants for marijuana, drug testing can only be conducted under certain circumstances. For example, an employee may be tested for probable cause, if they’ve been involved in an incident or accident, or if it’s required based on their job category. Employers must also have a compliant drug testing policy in place.

Register for a drug test online by clicking the “Register Now” button below. You can also call (888) 378-2499 with any questions about our drug testing services.

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This Information Is Not Intended for Legal Purposes

The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Since marijuana testing regulations can vary, we advise you to seek the guidance of expert legal counsel when creating your company’s substance abuse screening program.

Washington Marijuana Compliance

Washington Marijuana Laws

Overall Status: Fully Legal

Washington marijuana laws have made both medical and recreational marijuana legal. Medical marijuana patients must be registered, and recreational users must be age 21 or older. Individuals who fall into one of these categories are free to use marijuana without penalties, as long as they follow all Washington marijuana compliance rules.

Medical Marijuana: Legal

Washington state-approved medical marijuana in 1998, with the passing of Initiative 692, also called the Medical Use of Marijuana Act of 1998. This law allowed patients with intractable pain, terminal illnesses, and certain debilitating conditions to legally use medicinal marijuana.

Medical marijuana can only be purchased legally from a state-licensed vendor, called a medically endorsed store. Registered medical marijuana users may purchase any combination of the following:

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3 ounces of marijuana
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21 grams of concentrate
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48 ounces of infused products (in solid form)
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1.69 gallons of infused products (in liquid form)

The law does not require an employer to make any accommodation for an employee who is registered to use cannabis for medical reasons. The employer may test an employee for marijuana use; however, there are limitations when it comes to medical marijuana users. An employee’s medical information is protected by confidentiality laws, and the employer cannot base employment decisions on the person’s disability.

Decriminalized: Yes

Since recreational marijuana is legal in Washington state, adults can possess up to one ounce without penalty. While public consumption is illegal, it carries a civil penalty, rather than a criminal one. The maximum fine is $100 and there is no arrest or threat of incarceration.

Possession of any amount greater than one ounce and up to 40 grams is a misdemeanor. This comes with a mandatory 24-hours of incarceration (maximum 90 days) and a maximum fine of $1,000. Possession of more than 40 grams is a felony, punishable by up to five years of incarceration and fines of up to $10,000.

Recreational Marijuana: Legal

Washington’s recreational marijuana laws were first passed in 2012 as part of Initiative 502, the Washington Marijuana Legalization and Regulation Initiative. This allowed adults aged 21 and over to possess marijuana. It also established a regulatory structure for Washington’s cannabis industry.

Recreational marijuana can only be purchased from a state-licensed marijuana dispensary. Adults age 21 and over can purchase any combination of the following:

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1 ounce of marijuana
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7 grams of cannabis concentrate
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16 ounces of infused products (in solid form)
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72 fluid ounces of infused products (in liquid form)

Despite the fact that adult-use marijuana is legal in the state of Washington, an employer may include it in drug testing for pre-hire, after a workplace accident, or for suspected drug use while on the job. They may also continue to enforce their drug-free workplace policies.

Last updated 1/16/2024

Frequently Asked Questions

Marijuana use is legal in the state of Washington for adults over age 21 and registered medical marijuana users. Individuals who fall into these categories may legally possess a limited amount of marijuana.

What is Washington’s history with marijuana?

Medical marijuana has been legal in Washington since 1998. Marijuana legalization went into effect in 2013 and the first legal sales were made in 2014. It was the second U.S. state to legalize recreational cannabis.

What is the punishment for possession in Washington?

Marijuana state and federal laws don’t always match. The U.S. legal system allows states to make their own rules regarding the prosecution of marijuana users. Voters in Washington have opted to make it legal.

Drug Panels That Exclude Marijuana

Urine Drug Panels That Exclude Marijuana Testing

Some of the popular drug panels that remove marijuana testing are listed below:

Also try taking a look at our comprehensive list of urine drug tests that exclude marijuana, where you’ll find a complete list of drug tests that do not include THC testing under the “Exclude Marijuana” section.

Hair Drug Panels That Exclude Marijuana Testing

Two of our popular hair tests allow for the option to exclude marijuana from the panel of substances being tested. These include:

For a complete list of our hair drug tests, take a look at our comprehensive list of hair tests.

Drug Panels That Include Marijuana

Urine Drug Panels That Include Marijuana Testing

Many of our testing options include marijuana testing. Below are some of the most popular urine drug tests including marijuana:

Also try taking a look at our comprehensive list of urine drug tests that include marijuana.

Hair Drug Panels That Include Marijuana Testing

Our variety of hair drug tests include many options for marijuana testing. Some of the most commonly ordered hair drug tests are:

A comprehensive list of the hair drug tests that we offer can be found here.

Citations

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“Washington Laws and Penalties.” NORML, https://norml.org/laws/washington-penalties-2/
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“Washington.” Weedmaps, https://weedmaps.com/learn/laws-and-regulations/washington
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“Marijuana FAQ.” Visit Spokane, https://www.visitspokane.com/trip-planning/marijuana-legalization-in-washington/
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“Initiative 692.” Washington Secretary of State, https://www.sos.wa.gov/elections/initiatives/text/i692.pdf
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“Initiative Measure No. 502.” Washington Secretary of State, 8 July 2011, https://www.sos.wa.gov/_assets/elections/initiatives/i502.pdf
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“WAC 357-37-200.” Washington State Legislature, https://app.leg.wa.gov/wac/default.aspx?cite=357-37-200
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England, Deborah C. “Now That Personal Use of Marijuana Is Legal in Washington, Can an Employer Still Test for Use?” CriminalDefenseLawyer, https://www.criminaldefenselawyer.com/resources/now-personal-use-marijuana-legal-washington-can-emplo
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“Marijuana in the Workplace FAQ.” Municipal Research and Services Center of Washington (MRSC), https://mrsc.org/home/explore-topics/legal/regulation/marijuana-regulation-in-washington-state/marijuana-in-the-workplace.aspx
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Van Kirk, Jared. “I-502 and You, Washington’s New Marijuana Laws and Your Drug Policies.” Foster Garvey, 6 December 2012, https://www.foster.com/duff-on-hospitality-law/i-502-and-you-washingtons-new-marijuana-laws-and-your-drug-policies