Chapter 9A. Prohibition of Pre-Employment Marijuana Testing.

§ 32–931. Restriction on pre-employment marijuana testing.

(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.

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

(1) Affect employee compliance with employer workplace drug policies;

(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) Interfere with federal employment contracts; or

(4) Prevent the employer from denying a position based on a positive test for marijuana.

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

(1) “Employer” shall have the same meaning as provided in § 32-1101(6).

(2) “Prospective employee” means any individual applying for employment with an employer.

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§ 32–932. Reporting.

Within 6 months after July 22, 2015, the Mayor shall:

(1) Establish a public information campaign aimed at educating the public on the impact of marijuana use and abuse;

(2) Report to the Council the type, frequency, provider, and school grade level of health-education programs in public schools related to substance abuse, including programs designed to address alcohol, tobacco, and marijuana use; and

(3) Evaluate the effectiveness of the District government’s treatment programs regarding the use and abuse of marijuana.

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