In Washington D.C., the recreational use of marijuana has been legal since 2015. Though it’s been nearly seven years, lawmakers are just now ensuring that employers cannot discriminate against those who partake in a legal substance. The Cannabis Employment Protections Amendment Act of 2022, a bill unanimously passed by city council, would prohibit employers from firing those who fail the test.
There are, of course, exceptions—the law doesn’t apply to those who are fired for smoking on company property, employers who act under federal guidelines, federal government employees in general, those who work in dangerous occupations or operate heavy machinery, etc.
The bill acknowledges that many consume cannabis medicinally, and instructs employers to evaluate “medical marijuana to treat a disability in the same manner as it would treat the legal use of a controlled substance prescribed by or taken under the supervision of a licensed health care professional.” If the bill passes and is signed into law, employers have roughly two months to inform their employees of their new rights and address whether they are “safety-sensitive” employees who are an exception to the law.
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