Will failing a THC test disqualify me from ESD benefits with new marijuana laws?

This is a good question that comes up a lot. According to ESD guidelines, refusing suitable work without good cause can disqualify you from benefits. However, the key here is 'suitable work' and 'good cause.' Under Washington's current laws (RCW 49.17.120), employers generally can't refuse to hire based on a positive THC test unless it's for a safety-sensitive position or federal contractors who must follow federal drug testing requirements. So technically, if you apply for a non-security sensitive position, fail a THC test, and they refuse to hire you based on that alone, it SHOULDN'T disqualify you from benefits since the employer would be violating state law. BUT - and this is important - they can simply say they chose another candidate for other reasons, which gets complicated. I'd recommend documenting everything if you decide to apply to those positions. Record dates, positions, and any communications about why you weren't selected if you fail a test.

dude i literally just went through this!!! applied at amazon warehouse, failed THC, still got my benefits. they never told ESD why i didnt get hired, just that i wasnt. nobody ever asked me about it either. dont stress it

The Washington Employment Security Department follows state law regarding suitable employment. Under current law (as of 2025), employers cannot refuse to hire solely based on a positive THC test except in specific circumstances. These exceptions include: 1. Safety-sensitive positions where impairment poses a risk 2. Positions requiring federal security clearance 3. Jobs governed by federal contracts that require drug testing 4. Positions requiring commercial driving licenses If you're denied employment for a non-exempt position due to THC, you would have good cause for refusing that employment. Document everything carefully. Request in writing why you weren't hired if possible. However, the burden of proof can be challenging if an employer claims other reasons for not selecting you. I recommend continuing to apply to positions that don't conduct THC testing until you're confident you can pass, while maintaining your regular job search activities to meet the 3 required job search activities weekly.

Have you tried calling ESD directly to ask this question? I know getting through to them is basically impossible these days with all the call volume... I spent 2 weeks trying before I discovered Claimyr (claimyr.com). They got me connected to an actual ESD agent in less than 2 hours! They have this video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 I'd recommend asking an actual agent about your THC situation since they can look at your specific claim and give you the most accurate advice. Much better than guessing or taking chances with your benefits.

dont overthink it. just apply to jobs you know you can get and avoid the drug test ones for now. i smoked all thru my unemployment and still got my benefits cuz i just applied to places that dont test. construction companies warehouse retail etc lots of options. ESD doesn't know which places test and which don't anyway.

I'm in the EXACT same boat!!! Been clean for almost a month but still testing positive on home tests 😭 My friend who works at DSHS told me that technically the new WA laws should protect us from losing benefits over THC but she also said ESD is super behind on implementing a lot of policy changes. The whole system is such a mess right now!!! Also FYI those detox drinks from smoke shops DON'T WORK, don't waste your money like I did. Just drink tons of water and exercise to clear it faster.

u can buy fake urine online that works for tests jus sayin

To clarify some confusion in this thread: The key issue is whether refusing work due to a failed THC test constitutes 'refusing suitable work without good cause.' Under RCW 50.20.080, ESD can disqualify you if you refuse suitable work without good cause. However, 'suitable work' and 'good cause' are defined terms. If an employer rejects you solely for THC in a non-safety-sensitive position, this would likely constitute good cause since the employer would be violating state law. However, proving this was the sole reason for rejection can be difficult. I recommend: 1. Continue applying to positions that don't test 2. Document ALL job search activities meticulously 3. Maintain at least 3 job search activities per week 4. If applying to positions that test, document everything including any communications about why you weren't selected And yes, getting an official answer from ESD is your best option.

one more thing - dont tell ESD ur using weed even if they ask!! washington state says its legal but esd can still use it against u. just saying u hav to be careful what u admit

I'm in a similar situation but from a different angle - I've been clean for about 6 weeks now and just started testing negative on home tests. What I learned from researching this extensively is that the timing really matters. THC can stay in your system 30-90 days depending on usage frequency, body fat, and metabolism. From what I've gathered, the safest approach is exactly what you're doing - stick to positions that don't test until you're confident you'll pass. The legal protections are there in theory, but the practical reality is that proving THC was the sole reason for rejection is nearly impossible when employers can cite other factors. One thing that helped me was expanding my search to include more remote positions and smaller companies that typically don't have formal drug testing policies. Also, many retail and food service positions don't test unless there's an incident. The 25-day mark you mentioned puts you right on the edge - some people clear by then, others need longer. If you have the financial cushion to wait another few weeks while focusing on non-testing positions, that might be the lowest-risk approach to protect your benefits.