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Marijuana Legalization by State.
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Our intent is to make Washington D.C. drug test compliance as simple as possible. You don’t have to be a constitutional law scholar to conduct workplace drug screening in Washington, D.C..
Washington, D.C. is a “mandatory” jurisdiction, which means any employer wishing to conduct drug and/or alcohol testing within the District must do so according to the code, regulations and court decision that apply. The law (32-931) does not require any employer to conduct drug or alcohol testing. Testing is your choice.
This overview is to introduce you to the nature and history of the state’s workplace drug testing rules and to provide a basic understanding of the compliance issues you may face when testing in this state.
Washington D.C.’s drug testing law focuses primarily on pre-employment testing of marijuana. It does not address other aspects of a testing program such as when a person can be tested. This law was originally enacted in 2015 and focuses on pre-employment testing of marijuana exclusively. It does not discuss where testing may be conducted, how tests must be conducted, or what post-test procedures are needed.
This law limits pre-employment drug testing and prohibits employers from testing prospective employees for marijuana until a conditional offer of employment has been extended.
Q1. Can I do a random testing for my employees in Washington? Yes:
Answer is “Yes”
There are currently no limitations or restrictions for drug and alcohol testing in Washington D.C.
This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.
All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.
Medical Use: This District’s legislative body has authorized the use of marijuana for medical purposes. (2010 Medical Marijuana Treatment Act, D.C. Code 7-1671.01 et seq.) Washington DC’s medical marijuana law history is long and somewhat complicated by the fact that the US Congress oversees actions in the District. 69% of D.C. voters approved Initiative 59 (“Legalization of Marijuana for Medical Treatment Amendment Act of 2010”) November 3, 1998. However, Congress blocked the implementation of the law. Known as the “Barr Amendment,” Congressional action in 2000 effectively blocked the District’s implementation of the law voters approved. This was true until 2009 when Congress lifted the ban. In a 13-0 vote on May 4, 2010, the District Council approved Amendment Act B18-622. It went into effect on July 27, 2010.
There are no employer limitations from either the medical or personal use statutes. Patient prohibitions exist, such as operating vehicles under the influence.
Personal Use: On November 4, 2014, Initiative 71 was approved by 68.87% of the voters. The law is entitled, “Legalization of Possession of Minimal Amounts of Marijuana for Personal Use Act of 2014” (D.C. Code 48-904.01). Congress had 30 days to reject Initiative 71. Since Congress failed to act the Initiative became law.
Nothing in this section shall be construed to prohibit any person, business, corporation, organization, or other entity, or District government agency or office, who or which occupies, owns, or controls any real property, from prohibiting or regulating the possession, consumption, use, display, transfer, distribution, sale, transportation, or growing of marijuana on or in that property.
Nothing in this section shall be construed to require any District government agency or office, or any employer, to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or to affect the ability of any such agency, office, or employer to establish and enforce policies restricting the use of marijuana by employees.
Coles VS. Harris Teeter LLC
The Court made it clear that the medical use law does NOT protect an employee.
Employers discretion to remove workers who fail a drug test for marijuana use or violate workplace drug-prevention policies.