Since that time, Washington D.C. passed a permanent law that is identical to the “Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014.” This law became permanent on January 8, 2016.
As a reminder of the substance of the law, an employer may only test a prospective employee for marijuana use after a conditional offer of employment has been extended. The only exception is when drug testing is otherwise required by law.
Nothing in this law will:
- Affect employee compliance with employer workplace drug policies;
- 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;
- Interfere with federal employment contracts; or
- Prevent the employer from denying a position based on a positive test of marijuana.
D.C. Code §32-931 is available here for review:
backgroundchecks.com Compliance Update dated February 5, 2015 about Washington D.C.: http://www.backgroundbiz.com/compliance/complianceupdate_02052015.html
What this update means for you:
- All employers, except United States government or its agencies, in the District of Columbia are prohibited from testing prospective employees for marijuana until after a conditional offer of employment has been made.
- This law makes permanent the previously temporary law on the same subject.
About Michael Klazema The author
Michael Klazema is Chief Marketing Technologist at EY-VODW.com and has over two decades of experience in digital consulting, online product management, and technology innovation. He is the lead author and editor for Dallas-based backgroundchecks.com with a focus on human resource and employment screening developments.