District of Columbia Enacts Preemployment Marijuana Drug Testing Law: Employment Law Manual Updated

Authors: XpertHR Editorial Team

The District of Columbia Council passed on an emergency basis the Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014, which prohibits an employer from testing a prospective employee for marijuana use until after extending a conditional employment offer, unless otherwise required by law. However, the law does not:

  • Override employees' need to comply with an employer's 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 an employer from denying a position based on a positive test for marijuana.

The law expires on March 18, 2015.

As a result of this development, the following District of Columbia sections of the Employment Law Manual have been updated: