District of Columbia Cannabis Employment Protections Amendment Act Goes Live July 13

The National Law Jnl reports

ABOUT THIS AUTHOR

Matthew F. Nieman, Jackson Lewis, employment discrimination lawyer, tort contract claims attorney
Principal and Office Litigation Manager

Matthew F. Nieman is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He also serves as the Litigation Manager for the office.

Mr. Nieman represents employers in a broad spectrum of labor and employment law matters, including discrimination, retaliation, wage and hour, whistleblower claims (including Dodd-Frank, the False Claims Act, and Sarbanes-Oxley), questions related to the Uniformed Services Employment and Re-employment Rights Act of 1994 (“USERRA”), and workplace drug-testing issues. He is …

703-483-8331

The District of Columbia is joining the increasing number of jurisdictions providing greater protections for private employees who use marijuana off-duty, during non-work hours. Such development remains in contrast with federal law, which still classifies marijuana as a controlled substance, prohibiting both possession and use of marijuana.

In addition to protections for private employees, the D.C. Cannabis Employment Protections Amendment Act of 2022 (C.E.P.A.A.) imposes new obligations on private employers to inform employees of the new laws. D.C. Law 24-190 §§ 100 et seq.; tentatively D.C. Code §§ 32-921.01 through .08. The C.E.P.A.A. goes into effect July 13, 2023.

Highlights for D.C. Employers

Under C.E.P.A.A., employers will be prohibited from taking personnel actions against an individual for cannabis or marijuana use off-premises during non-work hours.

Employers are permitted to take action related to such use, however, if the employee is designated as safety sensitive, a federal contract or statute prohibits marijuana use, or the employee used or possessed marijuana at the employer’s premises or during work hours.

Drug-Testing

The presence of cannabinoid metabolites in an employer-required or requested drug test may be used to justify adverse action if the employee is impaired by the use of cannabis at the place of employment or during work hours.

Cannabis impairment is exemplified by the employee manifesting specific, articulable symptoms that substantially decreases or lessens the employee’s performance of duties or such symptoms interfere with the employer’s ability to maintain a safe and healthy workplace. This will alter the availability of pre-employment drug testing for many private employers in the District of Columbia.

Safety Sensitive-Designated Positions

Employers must provide notice to their employees of the new protections within 60 days of July 13 or upon hire.

The notice requirement includes informing employees if their position has been designated as safety sensitive, among other requirements. Safety-sensitive positions are those reasonably foreseeable that, if the employee performs the position under the influence of drugs or alcohol, the person could cause actual, immediate, and serious bodily injury or loss of life to themself or others. The following are statutory examples of safety sensitive positions:

Read More:

https://www.natlawreview.com/article/district-columbia-cannabis-employment-protections-amendment-act-goes-live-july-13

Primary Sponsor

 


Karma Koala Podcast

Top Marijuana Blog