1. (a) 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.

2. (b) Nothing in this chapter shall be construed to:

   1. (1) Affect employee compliance with employer workplace drug policies;
   2. (2) Require an employer 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;
   3. (3) Interfere with federal employment contracts; or
   4. (4) Prevent the employer from denying a position based on a positive test for marijuana.

3. (c) For the purposes of this section, the term:

   1. (1) “Employer” shall have the same meaning as provided in § 32-1101(6).
   2. (2) “Prospective employee” means any individual applying for employment with an employer.

History

July 22, 2015, D.C. Law 21-14, § 2, 62 DCR 6870

Emergency Legislation

For temporary (90 days) addition of this section, see § 2 of the Prohibition of Pre-Employment Marijuana Testing Congressional Review Emergency Act of 2015 (D.C. Act 21-31, Mar. 27, 2015, 62 DCR 4536).

For temporary (90 days) addition of this section, see § 2 of the Prohibition of Pre-Employment Marijuana Testing Emergency Amendment Act of 2014 (D.C. Act 20-525, Dec. 18, 2014, 61 DCR 13112, 20 STAT 4441).

Temporary Legislation

For temporary (225 days) addition of this section, see § 2 of the Prohibition of Pre-Employment Marijuana Testing Temporary Act of 2014 (D.C. Law 20-250, April 30, 2015, 62 DCR 1876).