Employers in California and Washington are asking themselves whether they should be drug testing for marijuana in the year to come. Both states passed new laws prohibiting employers from discriminating against job applicants in Washington and employees and applicants in California for legally using marijuana on their own time, away from the workplace. In other words, they cannot deny employment based solely on an adult applicant’s legal use of marijuana or take adverse action against employees when such action is based solely on a positive test result.