Washington DC Mayor Muriel Bowser has signed legislation, the Cannabis Employment Protections Amendment Act of 2022, protecting those who use cannabis from facing discrimination in the workplace.

Prior to the law’s enactment, it must undergo a Congressional review — as is the case with all legislation passed by the DC City Council. If Congress takes no action during the review period (typically 30 to 60 days), then the measure takes effect. If Congress chooses to oppose the law, that action must also be approved by the President.

The Cannabis Employment Protections Amendment Act prohibits employers, with certain exceptions, from “refus[ing] to hire, terminat[ing] from employment, suspend[ing], fail[ing] to promote, demot[ing], or penalize[ing] an individual” due to an individual’s:

1. “use of cannabis,”
2. “status as a medical cannabis program patient,” or
3. having “the presence of cannabinoid metabolites in [their] bodily fluids in an employer-required or requested drug test without additional factors indicating impairment.” “Impairment” for purposes of the Bill is defined as where “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...

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