A new law in Washington, D.C., will soon prohibit employers from taking adverse action against applicants or employees for the use of or positive test for marijuana. This new law takes effect on July 13th, 2023, or soon after.

This new law, the Cannabis Employment Protections Amendment Act of 2022, will apply to most employers. However, the law leaves a few exceptions for employers who must take action due to federal statutes, federal regulations, or a funding agreement or contract with the federal government. Other exceptions include using marijuana on the employer’s premises, using it during work hours, and usage by employees in safety-sensitive positions. Safety-sensitive positions have a “reasonably foreseeable likelihood that the person would likely cause actual, immediate, and serious bodily injury or loss of life to self or others.” The law provides examples of what might constitute such a position, including law enforcement, security guards, heavy machinery operators, and utility workers.

After the law takes effect, employers will have 60 days to provide their employees with notification of their new rights under the Act. They must also notify employees within this timeframe whether their positions are safety-sensitive and any changes to the employer’s drug and alcohol testing protocols. This information must then be communicated annually to all new hires after that.

What Should Employers Do Now?

Before the law takes effect, D.C. employers should take the...

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