DC passes bill banning punishment of workers for marijuana use

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Employers in Washington, D.C., can no longer punish workers for personal use of marijuana outside of work hours or require related drug testing as a condition of employment, according to a new bill passed by the City Council on Tuesday.

Under the legislation, city employers, with some exceptions, cannot cite marijuana use or positive drug tests as a justification for punishing, firing, or rejecting applications. Exceptions include federal government workers because marijuana use is still against federal law.

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The bill would also exempt those who work in occupations that are considered “safety sensitive,” meaning drug use could seriously endanger the employee or others in the place of work. This includes police officers, security guards, construction and utility workers, and caregivers.

Employers can still use drug use as a justification for termination if a worker is caught using marijuana on the job or storing the drug on work premises.

Limited marijuana use has been legal in the district since February 2015, when city voters approved a ballot initiative that made it legal for residents over the age of 21 to possess up to 2 ounces of marijuana. However, requirements for employment surrounding drug use have lagged, allowing employers to require drug testing as a condition for consideration.

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Councilman Trayon White, who is also running for mayor, initially introduced the bill passed Tuesday in February 2021.

The bill will head to Mayor Muriel Bowser for final approval and must be funded before taking effect. The legislation is expected to cost $1.26 million over the next four years.

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