Can California employers still drug-test for marijuana in 2024?

Yes, but the test cannot rely on non-psychoactive cannabis metabolites. AB 2188 (effective Jan 1, 2024) prohibits discrimination based on a test that detects only inactive metabolites; impairment-based testing using oral fluid or activity-based instruments remains legal. SB 700 also bars employers from asking about prior cannabis use.

Does AB 2188 apply to DOT-regulated drivers?

No. AB 2188 carves out federally regulated positions, including 49 CFR Part 40 DOT testing, federal contractors subject to the Drug-Free Workplace Act, and roles requiring a federal background investigation. DOT urine THC testing continues unchanged.

Does Washington SB 5123 mirror California?

Largely. Effective Jan 1, 2024, SB 5123 bars Washington employers from refusing to hire based on an off-duty cannabis test that detects non-psychoactive metabolites. Exceptions exist for safety-sensitive positions designated in writing before the application, law enforcement, fire, corrections, airline, aerospace, and federally regulated roles.

What testing methods are compliant under the new laws?

Oral-fluid (saliva) THC testing detects active Δ9-THC for roughly 4–24 hours — closer to actual impairment — and is the preferred replacement for urine metabolite testing under AB 2188 and SB 5123. Performance-based impairment tests are also acceptable. Hair testing for THC metabolites is generally non-compliant for pre-employment use.

Are post-accident and reasonable-suspicion tests still allowed?

Yes. AB 2188 and SB 5123 only restrict pre-employment metabolite testing for non-safety-sensitive positions. Reasonable-suspicion, post-accident, and return-to-duty testing remain permitted, particularly when measuring active impairment.

California & Washington marijuana testing — 2024 employer guide

On January 1, 2024, two of the largest West Coast labor markets changed the rules for pre-employment marijuana testing. California's AB 2188 and SB 700, together with Washington's SB 5123, restrict how employers may use cannabis test results in hiring decisions. The laws do not legalize on-the-job impairment, and they do not touch the federal Department of Transportation testing regime — but they do force most private-sector employers in CA and WA to rebuild their pre-employment drug program.

Key takeaways

Pre-employment urine THC metabolite tests are now unlawful for most CA and WA hires.
Oral-fluid (saliva) testing and impairment-based tests are the compliant replacements.
DOT, federal contractors, and certain safety-sensitive roles remain exempt.
Employers must remove cannabis-history questions from CA applications.

1. What AB 2188 actually does

Signed by Governor Newsom in 2022 and effective January 1, 2024, California's AB 2188 amends the Fair Employment and Housing Act (Cal. Gov. Code §12954) to make it unlawful for an employer to discriminate against an applicant or employee based on either:

off-the-job cannabis use, or
a drug-screening test that detects non-psychoactive cannabis metabolites in hair, blood, urine, or other bodily fluids.

The science underneath is straightforward. Standard urine THC tests detect carboxy-THC, a metabolite that remains in the body for days or weeks after the psychoactive Δ9-THC has cleared. A positive urine result tells you the applicant consumed cannabis at some point — it does not tell you they were impaired during the work shift. AB 2188 treats that mismatch as a fair-employment problem.

2. SB 700 — the no-questions-asked rule

SB 700, also effective January 1, 2024, bars California employers from requesting information from an applicant about prior cannabis use, including questions on the application or in interviews. Information about cannabis convictions that an employer is already prohibited from considering under existing California law (Lab. Code §432.7) remains off-limits.

3. Washington SB 5123 in plain English

Washington's SB 5123 is narrower but follows the same logic. Starting January 1, 2024, RCW 49.44.240 prohibits Washington employers from making a hiring decision based on an applicant's off-duty cannabis use or on a pre-employment drug test that detects non-psychoactive cannabis metabolites.

SB 5123 also requires employers to designate safety-sensitive positions in writing before the application is filed if they want to rely on the safety-sensitive exception. Vague after-the-fact labels do not satisfy the statute.

4. Who is exempt?

Both statutes recognize that some roles cannot relax cannabis testing. The principal carve-outs:

1DOT-regulated drivers and safety-sensitive transportation workers covered by 49 CFR Part 40. Urine THC testing remains mandatory; the FMCSA Clearinghouse query is unaffected.
2Federal contractors subject to the Drug-Free Workplace Act of 1988 and any position that requires a federal background investigation or security clearance.
3Construction trades in California — AB 2188 expressly excludes building and construction industry employees.
4Safety-sensitive Washington positions designated in writing before the application, plus law enforcement, fire, corrections, airline, and aerospace roles.

Outside these carve-outs, a urine metabolite test result alone may not be used to deny employment in California or Washington as of 2024.

5. What testing methods still work

Oral-fluid (saliva) testing

Oral-fluid panels detect active Δ9-THC for roughly 4 to 24 hours after use, aligning the chemistry of the test with the window of actual impairment. Oral-fluid collections are observed, harder to adulterate, and now the default replacement under AB 2188 and SB 5123.

Performance and impairment testing

Tablet-based reaction-time and divided-attention tests measure current impairment regardless of substance. These tools sidestep the metabolite problem entirely and are gaining traction in warehousing and manufacturing.

Reasonable-suspicion and post-accident testing

Neither AB 2188 nor SB 5123 restricts reasonable-suspicion, post-accident, or return-to-duty testing. Programs that previously used urine for every event should still document objective indicia of impairment and prefer oral-fluid collection where feasible.

6. The compliance checklist

1
Audit every position description and label safety-sensitive roles in writing before posting in WA.
2
Remove cannabis-history questions from California applications and structured-interview guides.
3
Replace pre-employment urine THC panels with oral-fluid or non-THC panels for non-exempt CA and WA hires.
4
Update offer letters and conditional-offer language to reflect the new permitted basis for testing.
5
Retrain hiring managers and recruiters — the most common violation is a manager casually asking "Do you smoke?" during an interview.
6
Confirm your CRA and MRO can flag CA/WA results that rely on disallowed metabolites and route them out of the adverse-action workflow.
7
Re-paper your DOT and federal-contractor programs to document the carve-out you are relying on.

7. How SafestHires handles this for you

Every SafestHires drug-screening order tagged to a California or Washington work location is routed through a 2024-compliance overlay.

Pre-employment urine THC panels are automatically swapped for oral-fluid or non-THC panels unless the position is flagged as safety-sensitive or DOT-regulated.
Adverse-action workflows pause on any THC-only positive originating from a non-exempt CA or WA position and require explicit MRO sign-off before a decision is delivered.

If your program touches California or Washington and you have not repapered since January 2024, talk to a SafestHires advisor — we will audit your panels, position descriptions, and adverse-action language at no charge.

This guide is informational and not legal advice. Statutes evolve quickly; confirm current text with counsel before changing policy.