Washington, D.C. has no general workplace drug and alcohol testing statute, allowing employers to test at will. Pre-employment cannabis testing in the city is restricted. Pay special attention to additional ordinances that currently remain unfunded and unenforced by the city, but may be enforced at a later date.
| Drug Testing Issue | Status | Comments |
|---|---|---|
| Recreational Marijuana Use at Work | See Comments | Nothing in the law requires employer to accommodate marijuana use or consumption in the workplace. |
| Unemployment Compensation Claim Denial | See Comments | Any individual who has been discharged for gross misconduct occurring in his/her most recent work shall not be eligible for benefits. |
| Unemployment Compensation Claim Denial | See Comments | Misconduct occurring in the course of work includes the use of or impairment by an alcoholic beverage, controlled substance, or other intoxicant, and use or possession of a controlled substance. |
| Workers Comp Denial of Claim | See Comments | Liability for compensation shall not apply where injury to the employee was occasioned solely by his/her intoxication. |
The District of Columbia does not have a drug testing statute. However, 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” .
Marijuana laws should be reviewed carefully both medical and recreational which are both legal in District Of Columbia (Washington, DC).
This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.
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