Washington, D.C., passed a law on Thursday prohibiting most private employers from terminating or punishing employees who use marijuana during non-work time.
It is exactly one year since Mayor Muriel (D) Bowser signed the legislation. This triggered a 60-day review period by the Congress, during which the federal lawmakers chose not to block this measure.
This reform is intended to extend a measure previously approved by lawmakers to protect employees of local governments against discrimination in the workplace due to their use medical cannabis to include workers at private businesses.
The text states that the law “prohibits employers from terminating, refusing to hire or taking any other personnel action against an individual because they use cannabis, participate in the medical marijuana program or fail to pass a cannabis drug test requested or required by the employer, unless it is deemed safety sensitive, or for some other reason.”
However, cannabis users could be punished or fired from their jobs if they are police, safety-conscious construction workers, people who work in childcare or with patients, or have a job that requires a commercial drivers license.
Workers contracted by the federal Department of Transportation ,which separately has revised its own Drug Testing Policies for Marijuana amid a shortage of drivers are also exempt.
A report that was attached to the recently enacted D.C. Bill states: “Due the rapidly changing status and lack of evidence to support drug testing laws, jurisdictions throughout the country are either considering or have already adopted laws to protect legal cannabis use.”
The District currently prohibits drug testing before an offer of a conditional position and also prohibits any adverse action against employees who are medical marijuana patients. Employees in the private sectors do not enjoy the same protections, despite the fact that adult use is legal in the district. This bill will make that change.”
The law also stipulates penalties for employers that violate the provisions.
The bill was officially enacted in October last year, but it states that the key provisions will begin to apply “365 days after Mayor Approves This Act,” which is on Thursday.
The new law takes effect the same day , a House Committee approved a spending Bill. This bill contains yet another rider which prevents D.C. using local tax dollars to establish a regulated cannabis sale system despite the fact that voters approved legalization in 2014.
Eleanor Holmes Norton, a Democrat from Washington DC, said that she was “outraged”, when the bill was marked up by a subcommittee.
In May, at a hearing of the House Oversight and Accountability Committee, James Comer (R, KY) appeared sympathetic to the issue. He told the mayor that “things” that caught his attention were her comments on the rider.
He said, “I did not know the law on that.” “We are researching that.”
A coalition of local and state advocacy groups requested the U.S. Attorney General last year adopt a formal policy of non-enforcement in order to allow the District of Columbia to legalize the sale of marijuana despite the continuing congressional ban.
According to a poll conducted last year, D.C. Voters strongly support marijuana legalization, and oppose any crackdown on the “gifting” cannabis market that has emerged due to the lack of regulated sales.
Congress also allowed another D.C. medical marijuana law to take effect, in March. This new law makes significant changes to the program.
This measure includes reforms like eliminating the cannabis business licensing cap, providing tax relief for operators, promoting social equality and creating new regulated categories of businesses such as on-site cannabis consumption facilities and cooking classes.
The Medical Cannabis Amendment Act codifies the fact that adults may self-certify themselves as medical marijuana patients. This policy has served as a partial solution to the federal rider.
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As more states legalized cannabis, the rules for employees have changed.
Michigan officials approved changes on Wednesday to the state’s Employment Policy , which will mean that applicants for government jobs won’t be subjected to pre-employment marijuana drug testing.
Last week, a California Assembly committee passed a bill which would prevent employers from asking about marijuana use by job applicants.
In May, Washington State Governor passed a law protecting workers against employment discrimination due to their legal use of marijuana during the hiring process.
Washington now joins Nevada in banning discrimination against applicants who test positive for marijuana. New York offers a broader range of employment protections to adults who use cannabis legally during non-working hours.
House Committee rejects GOP-Led amendment to ask Biden to prepare for federal marijuana legalization by studying states
Martin Alonso is the photographer of this photo.
D.C. The post D.C.
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