Marijuana Users Offered Broad Job Protections in Washington Dc

Introduction

Congress has long been a leader in protecting workers' rights. Still, it became the first jurisdiction in the country to have a law that explicitly prevents employers from discriminating against marijuana users who are otherwise qualified for their jobs. The Marijuana Policy Project called it "a watershed moment" for cannabis legalization.

The measure prohibits employers of all sizes from refusing to hire a job applicant or taking adverse employment action against an employee based on that person's status as a medical marijuana patient or positive THC test result.

It also caps the window of time when an employer may conduct post-offer, pre-employment drug testing 90 days before employment begins and bars them from using positive results as the sole reason for firing employees.

Employers in Washington, D.C.

In the nation's capital, employers are no longer permitted to fire or refuse to hire someone solely because they test positive for marijuana use under a new law that went into effect.

The District of Columbia Council unanimously passed the bill in December, which makes it illegal for any employer in Washington, D.C., to test job applicants or employees for cannabis.

The measure effectively amends a 2014 initiative that legalized recreational marijuana possession but did not address employment protections.

The district is the country's first legal jurisdiction that explicitly prevents employers from discriminating.

The law is a first of its kind in the country. It came about because of the gray area in which marijuana users live.

On the one hand, marijuana is legal for recreational use in Washington D.C. Still, on the other hand, federal law bans it from being used or possessed at all, even if you're using it for medical purposes under a state law that allows it.

Because of this conflict, there's no protection for workers who may test positive for THC after using marijuana outside of work hours and off company property which can happen if someone uses an edible or smokes around their coworkers without realizing how long the drug will stay in their system or how much they might need to smoke before being affected by its presence.

This bill would clarify that employers cannot discriminate against employees solely based on their status as a qualified medical marijuana patient," said Councilmember Grosso in introducing his bill last week.

This legislation would allow patients who use cannabis responsibly outside work hours to have peace of mind knowing they will not be fired simply because they use medicine prescribed by their doctor.

The measure prohibits employers.

The measure protects employees from discrimination by private and public employers of all sizes, including state and local governments.

It also bars employers from refusing to hire someone or taking adverse action against them based on their status as a medical marijuana patient or because they tested positive for THC (the active ingredient in marijuana) following an employer-conducted drug test.

As long as it's legal under federal law, you can still be fired for using marijuana off the clock in Washington DC or anywhere else in the United States.

It also caps the window of time during which an employer may conduct post-offer

The DC Council voted 11-2 in favor of the bill, which also caps the window of time during which an employer may conduct post-offer, pre-employment drug testing 90 days before employment begins and bars them from using positive results as the sole reason for firing employees.

The law represents a big step forward for marijuana users in D.C. and is expected to help reduce some social costs associated with cannabis legalization.

Among other things, it will help protect people from being fired or not hired because they are marijuana users.

Conclusion

We are excited to see that the District of Columbia has taken this important step in protecting its residents' rights.

We hope lawmakers across the country will follow suit by passing similar laws that protect marijuana users from employment discrimination so we can continue to see progress in this area.