🌿 Unveiling D.C.’s New Cannabis Employment Protections Act: Key Insights You Must Grasp for 2024

1. Employment Protections for Cannabis Use:
   • Employers are prohibited from taking adverse employment actions based solely on an individual’s use of cannabis or their participation in the District’s or another state’s medical cannabis program.
   • Exceptions are outlined for safety-sensitive positions and instances where federal laws or contracts mandate cannabis-related employment actions.
2. Definitions:
   • Key terms like “cannabis,” “safety sensitive,” and “medical cannabis program” are clearly defined to provide clarity on the scope of the legislation.
3. Rules of Construction:
   • The act does not mandate employers to allow cannabis use at the workplace but allows them to enforce reasonable drug-free workplace policies.
   • No elimination of common law or statutory causes of action for persons against an employer for injury, loss, or liability.
4. Notice of Rights:
   • Employers are required to inform employees of their rights under the new legislation, especially concerning safety-sensitive designations and drug testing protocols.
5. Filing Complaints and Enforcement:
   • Employees claiming noncompliance by employers can file administrative complaints with the Office of Human Rights.
   • The enforcement process includes mediation, fact-finding hearings, and the potential for civil penalties, lost wages compensation, and other remedies against non-compliant employers.
6. Private Cause of Action:
   • Employees, whether part of the medical cannabis program or not, have the option to pursue a private cause of action against employers for violations.
   • The statute of limitations for such actions is tolled during the time a complaint is pending before the Office of Human Rights.
7. Enforcement by the Attorney General:
   • The Attorney General has the authority to investigate complaints against non-governmental employers, with the power to issue subpoenas and administer oaths.
   • Civil actions can be initiated in court by the Attorney General to enforce the legislation in the public interest.
8. Rulemaking Authority:
   • The Mayor is granted rulemaking authority to implement the act effectively, ensuring that the regulations align with the goals of the legislation.

Title II: Medical Cannabis and Disabilities:

• Section 211 of the Human Rights Act of 1977 is amended to ensure that employers treat the use of medical marijuana to treat a disability in the same manner as legal use of a controlled substance prescribed by a licensed health care professional.

Title III: Conforming Amendments:

• Amendments are made to the District of Columbia Government Comprehensive Merit Personnel Act of 1978 and the Department of Corrections Employee Mandatory Drug and Alcohol Testing Act of 1996 to align with the new employment protections.

Title IV: Applicability; Fiscal Impact Statement; Effective Date:

• The applicability of different sections is outlined, with specific attention to fiscal considerations.
• A fiscal impact statement is adopted, and the effective date is contingent on the inclusion of fiscal effects in an approved budget and financial plan.