Washington DC Passes Law Limiting Drug Testing for Marijuana

Special Announcement to all Washington DC employers :

 The DC Council has passed a law that limits employers from testing for marijuana (THC). This law was signed by the mayor on 07/13/22 and will become effective on 09/13/22.

The law makes the following an unlawful discriminatory practice:

Sec. 102. Employment protections.

(a) An employer may not refuse to hire, terminate from employment, suspend, fail to

promote, demote, or penalize an individual based upon:

(1) The individual’s use of cannabis;

(2) The individual’s status as a medical cannabis program patient; or

(3) The presence of cannabinoid metabolites in the individual’s bodily fluids in an

employer-required or requested drug test without additional factors indicating impairment pursuant to subsection (b)(4) of this section.

(b) Notwithstanding subsection (a), an employer shall not be in violation of this section

when the employer takes action related to the use of cannabis based on any of the following:

(1) The employee is in a position designated as safety sensitive.

(2) The employer’s actions are required by federal statute, federal regulations, or a

federal contract or funding agreement.

(3) The employee used, consumed, possessed, stored, delivered, transferred,

displayed, transported, sold, purchased, or grew cannabis at the employee’s place of employment, while performing work for the employer, or during the employee’s hours of work, unless otherwise permitted pursuant to section 211(b-1) of the Human Rights Act of 1977.

            (4) Notwithstanding section 211(b-1) of the HRA or section 2062 of the CMPA,

the employee is impaired by the use of cannabis, meaning the employee manifests specific articulable symptoms while working, or during the employee’s hours of work, that substantially decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position, or such specific articulable symptoms interfere with an employer’s obligation to provide a safe and healthy workplace as required by District or federal occupational safety and health law.

This law will require a review of the hiring process in place and may require changes to that process.

Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.

The complete text of the legislation can be found here:

https://legiscan.com/DC/text/B24-0109/2021

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.