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District of Columbia Drug Testing Information

The District of Columbia (D.C.) does not have a specific statute for drug testing in the workplace. However, recent legislation passed on September 13, 2022, has introduced regulations that limit employers from testing for marijuana (THC), with certain exceptions. These exceptions include positions that are deemed safety-sensitive, such as those requiring a commercial driver’s license or involving work with childcare and patients, as well as positions that could significantly impact the health or safety of employees or the public. It's important to note that both medical and recreational marijuana use is legal in D.C., and the laws regarding their use should be carefully reviewed by employers.

On a broader scale, the Drug-Free Workplace Act (DFWPA) impacts employers, especially those with federal contracts or grants. The DFWPA requires most employers with government contracts to implement strict drug usage policies, including "zero tolerance" for illegal drug use and, in some cases, random drug testing to ensure compliance. The complexity arises with the legalization of medical marijuana in various states, including D.C., which challenges these long-standing policies. Employers must balance the legitimate medical needs of employees with the requirements of the DFWPA. Case law suggests that as long as medical marijuana is used outside of work hours and does not impair the employee while at work, it may not be a problem under the DFWPA. However, no state laws permit employees to be under the influence of marijuana while at work, and employers are within their rights to enforce policies prohibiting workplace drug use.

For federal contractors and grantees, the Drug-Free Workplace Act of 1988 is a key piece of legislation. Organizations receiving federal contracts of $100,000 or more, or any federal grant regardless of size, must have a drug-free workplace policy. This includes a formal policy statement against the use of controlled substances in the workplace, a drug-free awareness program for employees, and ensuring all employees understand their obligations under the policy.

It's essential for employers in D.C. to stay informed about the local laws concerning drug testing and the use of substances such as marijuana in the workplace, as well as federal regulations if they are federal contractors or grantees.