The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana.
In addition to protections for private employees, the D.C. Cannabis Employment Protections Amendment Act of 2022 (C.E.P.A.A.) imposes new obligations on private employers to inform employees of the new laws. D.C. Law 24-190 §§ 100 et seq.; tentatively D.C. Code §§ 32-921.01 through .08. The C.E.P.A.A. goes into effect July 13, 2023.
Under C.E.P.A.A., employers will be prohibited from taking personnel actions against an individual for cannabis or marijuana use off-premises during non-work hours.
Employers are permitted to take action related to such use, however, if the employee is designated as safety sensitive, a federal contract or statute prohibits marijuana use, or the employee used or possessed marijuana at the employer’s premises or during work hours.
The presence of cannabinoid metabolites in an employer-required or requested drug test may be used to justify adverse action if the employee is impaired by the use of cannabis at the place of employment or during work hours.
Cannabis impairment is exemplified by the employee manifesting specific, articulable symptoms that substantially...
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