Tuesday’s unanimous approval by the Washington City Council of a bill that would, if approved and signed into law by Mayor Muriel Bowser, prohibit employers from firing employees who fail to pass marijuana drug testing has been passed.
The Cannabis Employment Protections Amendment Act of 2222 (the Cannabis Employment Protections Amendment Act of 2022) would ban employers from refusing to hire or firing employees because of recreational or medical marijuana use.
However, there are exceptions.
Employers will not be held liable if they act in accordance with federal guidelines or if employees consume marijuana while at work.
It also bans “possession storage, delivery, transfer and display, transport, display, transportation sale, purchase, or growth of cannabis at an employee’s workplace.”
The bill requires employers to evaluate medical marijuana for treating a disability in the exact same way as they would assess legal marijuana use.
The bill doesn’t cover those working in safety-sensitive occupations such as construction workers, police, security guards, and workers who operate heavy machinery, health workers, caretakers, gas and power company employees.
Employees of the federal government as well as D.C.’s judges are also exempted from the legislation. However, it does protect other employees of the District government.
Employers have 60 days to inform their employees about the new rights and safety-sensitive status of the bill if it passes.
Employers must then provide the same notice each year and for every new hire.
An employee can file a complaint with the D.C. Office of Human Rights if an employer violates the law. The deadline is one year from the date of noncompliance. Employers can face up to $5,000 in fines and the employee must be compensated for lost wages and attorney fees.
The bill was sent to Muriel Bowser, D.C. Mayor, for her approval. After a 60-day congressional review, and publication in the District of Columbia Register, the bill is signed by Muriel Bowser.
Since 2015, recreational marijuana use in D.C. has been legal. Since 2015, recreational marijuana use has been legalized in D.C.
It is still illegal for anyone to sell, possess or use marijuana on public property.
