Washington, D.C. is poised to join a growing number of state and local jurisdictions that restrict employers from testing employees for cannabis use as a condition of employment. On Tuesday, June 7, the D.C. City Council approved the Cannabis Employment Protections Amendment Act. The bill is pending approval by D.C. Mayor Muriel Bowser and, if signed, will become law after a 60-day congressional review.
The bill applies to nearly all employers in D.C. except those employing close relatives to perform work around the employer’s household. Likewise, nearly all employees and prospective employees are covered by the bill, including unpaid interns. Excluded from the testing restrictions are those in safety-sensitive positions in which cannabis use could foreseeably cause “actual, immediate, and serious bodily injury or loss of life to self or others.” Such positions include security personnel, certain medical professionals, operators of vehicles and heavy machinery, construction site workers, power or gas utility workers, and those handling hazardous materials.
Under the bill, employers cannot terminate, suspend, fail to promote, demote, refuse to hire, or otherwise penalize an employee or prospective employee based on their cannabis use, their status as a medical cannabis program patient, or the presence of cannabinoid metabolites in their system without additional factors indicating impairment. Employers must...
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