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D.C. Lawmakers Approve Ban on Pre-Employment Marijuana Testing

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D.C. Lawmakers Approve Ban on Pre-Employment Marijuana Testing

As marijuana becomes more acceptable among the general population, many employers have started changing their policies on its use. In fact, employers have started to change whether or not they test their current and prospective employees for THC. For example, Amazon is one of the biggest companies that has decided to do so. A number of other employers are following their lead about this same testing policy. On March 3, a Washington D.C. council committee decided to push this change forward by placing a ban on pre-employment marijuana testing.

Pre-Employment Marijuana Testing Origins

The committee unanimously approved a bill that bans pre-employment marijuana testing in most workplaces. Sponsored by Councilmember Trayon White, the legislation cleared the Labor & Workforce Development Committee. This bill was designed to expand on previous legislation that protected local government employees from anti-cannabis workplace discrimination.

Pre-Employment Marijuana Testing Bill Details

The bill makes it unlawful for an employer, labor organization, employment agency, or agent to force a prospective employee to submit to testing. Specifically, employers can’t forced employees to test for tetrahydrocannabinols or marijuana as a condition of their employment. 

However, there are still exceptions to this bill. Police, construction workers, healthcare professionals, and those with jobs requiring a commercial driver’s license or connected to childcare could still go through these tests. Federal Department of Transportation contractors are also exempt from the bill.

Additionally, this bill specifically states that this doesn’t mean employers should allow it in the workplace.

Past Bill Attempts

As already mentioned, there have been other attempts to create this bill. For example, in 2021, New York’s Department of Labor announced that employers can’t drug test most of their employees for marijuana. Prior to this, they also established a local ban on pre-employment marijuana testing.

Testing Bill Potential

With this new bill being passed in Washington D.C., employers now have access to more employees since they now allow cannabis users to apply. This means that many people who were previously unable to find a job are now able to find employment in D.C. The passing of this bill could mean that other states will soon follow suit and make something similar.

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