Washington, DC - Considerations for Marijuana in the Workplace

Marijuana Law:

Marijuana Law:

Employer Concerns – Significant to Review

  • D.C. Law 24-190. Cannabis Employment Protections Amendment Act of 2022. – Effective on 09/13/22, the DC Council has passed a law that limits employers from testing for marijuana (THC). There are exceptions including positions designated as safety sensitive including: DOT covered positions, police, safety-sensitive construction workers and people with jobs that require a commercial driver’s license or work with childcare and patients and positions “with the potential to significantly impact the health or safety of employees or members of the public” .

  • Both medical marijuana and recreational marijuana are legal in Washington D.C.
  • Nothing prohibits from adopting a reasonable drug-free workplace or employment policy requiring  post-accident or reasonable suspicion drug testing of employees
  • Employees cannot be impaired at work or possess, store, deliver, transfer, or grow cannabis at the employee’s place of employment while performing work for the employer or during the employee’s hours of work



  • See Significant above.
  • There will be presumed impairment when a reasonable suspicion or post-accident test determines a positive marijuana test result unless a “higher quality impairment test,” taken immediately, indicates otherwise.
  • (Administrative Issuance Mayor 2019 F (8)) “No District employee shall be forced to take a blood test for the presence of cannabis, except as may be required by law following an accident or incident.”


  • Review D.C. Law 24-190. Cannabis Employment Protections Amendment Act of 2022.
  • An employer may not refuse to hire, terminate from employment, suspend, fail to promote, demote, or penalize an individual based upon:

    (1) The individual’s use of cannabis;

    (2) The individual’s status as a medical cannabis program patient; or

    (3) The presence of cannabinoid metabolites in the individual’s bodily fluids in an employer-required or requested drug test without additional factors indicating impairment pursuant to subsection (b)(4) of this section.



  • See Significant above.
  • Safety-sensitive District workers are prohibited from using marijuana products and will face discipline for testing positive for any substance containing more than 0.03% THC.
  • A refusal to test constitutes a positive drug test result, making the donor subject to administrative action.


  • Smoking is permitted, but not in the workplace.
  • Use in patient’s home or private property is permitted, but not in public.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • If termination is the result of gross misconduct occurring in the employee’s most recent work, the employee shall not be eligible for unemployment benefits.
  • Misconduct includes intoxication or impairment from alcohol, controlled substance or other intoxicant, or the use or possession of a controlled substance.
  • If a workplace injury was occasioned solely by the individual’s intoxication, it is not compensable.
  • If a driver refuses to submit to a drug test, their license will be revoked for 12 months and that fact of their refusal will be submitted as evidence of guilt in a court of law.


(e.g., Bill Number, Authority)

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.


Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

Drug Testing in Washington DC

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Drug Testing Laws for Washington DC

No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.