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Summary of differences between federal and state regulations
Marijuana testing
Pre-employment testing: The District of Columbia restricts pre-employment marijuana testing. An employer may only test a prospective employee for marijuana use after a conditional offer of employment has been extended, unless otherwise required by law. An employer does not need to permit or accommodate the use, consumption, possession, transfer, display, transportation, sale, or growing of marijuana in the workplace or at any time during employment. An employer may deny a position based on a positive test for marijuana.
Additional testing restrictions (pending funding): After the Cannabis Employment Protections Amendment Act of 2022 is funded and takes effect, employers will be prohibited from taking adverse action because of an employee’s use of cannabis unless a worker is in a safety-sensitive position. The Definitions section of the law has been funded, but the law’s employment protections and notice requirements have not been funded. These sections of the law will take effect after the law is included in an approved budget.
Protections for employees of the district: District of Columbia public employers cannot use a drug test for marijuana as the basis for employment-related decisions against a medical marijuana patient unless the patient used or was impaired by marijuana at work or during work hours. This does not apply to employees in positions designated as safety sensitive. In addition, it does not apply if compliance would cause the agency to violate a federal law, regulation, contract, or funding agreement.
State
Contacts
District of Columbia Department of Employment Services
Regulations
D.C. Official Code, Division V, Title 32, Chapter 9A §32-931
Federal
Under the Improve Tracking of Workplace Injuries and Illnesses final rule, the Occupational Safety and Health Administration (OSHA) prohibits employers from using drug testing, or the threat of drug testing, to retaliate against an employee for reporting an injury or illness.
Employers may conduct post-incident drug testing if there is a reasonable possibility that employee drug use could have contributed to the reported injury or illness.
Contacts
Drug testing rules
U.S. Department of Transportation
Regulations
DOT drug testing rules
49 CFR Part 40
49 CFR Part 382
Drug-Free Workplace Act of 1988
United States Code at 41 U.S.C. 81
Guidance document