Washington, D.C. Marijuana Employer Guidelines“Recreational vs. personal” use of marijuana: We recognize that a majority of the country uses the term “recreational use” when referring to states that have legalized possession and use of limited amounts of marijuana for those over 21.
Washington, D.C. personal and medical use of marijuana.
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.