Bill Passed in D.C. Prohibiting Firing of Employees for Failed Cannabis Drug Tests

Bill 24-109, titled the Cannabis Employment Protections Amendment Act of 2022, was passed with unanimous support from the 13-member Council of the District of Columbia.

The law will prohibit employers from refusing to hire, firing, or discriminating against an employee based on their status as a cannabis user, medical cannabis patient or testing positive for marijuana use.

The law will go into effect after approval from the mayor, a 60-day congressional review period, and publication in the District of Columbia Register.

It is important to note that the bill excludes safety-sensitive positions, such as those that handle weapons or heavy machinery, among others. It also excludes employees who use, possess, sell or grow cannabis during work hours.

This bill represents a continuing trend to legalize recreational cannabis or offer protections for off-the-job marijuana use. Keeping up to date on marijuana testing laws can be complicated as states frequently pass new laws. Employers are encouraged to review the impact of new marijuana testing laws on their policies and update their drug testing protocols swiftly when required.

Posted: June 9, 2022

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