An order clarifying legal protections for specific District workers who consume marijuana though away from the job was officially signed into law Tuesday by DC Mayor Muriel Bowser.
According to NORML, the new guidelines apply to all District government agencies below the direct administrative authority of the Mayor.
Beneath the guidelines, quite a few would-be workers will no longer face pre-employment drug screenings. It states that “Employees who are not in a security-sensitive position will be tested for drugs only upon affordable suspicion, or soon after an accident or incident. Therefore, these workers not in security-sensitive positions might obtain that they can use cannabis, with or with out a health-related card authorizing [it], so lengthy as they are not impaired at operate.”
Commenting on the policy transform, NORML NE Political Associate Tyler McFadden mentioned: “Employment protections are crucial to make certain that law-abiding adults are not unduly discriminated against in their efforts to be productive members of society solely since of their use of cannabis though off the job. This order gives clarity and guidance to employers and peace of thoughts to the workers who operate in the District of Columbia.”
For workers searching for security-sensitive positions, the order states that these who test constructive for the presence of cannabis on a pre-employment drug screen might be “disqualified.” In some circumstances, nevertheless, the order states that these who initially test constructive for cannabis might acquire a “second chance to take a drug test at least two weeks soon after the initial test final results have been supplied.”
“In circumstances involving post-accident testing, a constructive drug test outcome for cannabis metabolites will continue to be viewed as presumptive proof of impairment.” Nonetheless, this “presumption might be overcome if the employee presents clear or convincing proof that he or she was not impaired at the time of the test.”
Simply because THC’s key metabolite, carboxy-THC is lipid-soluble, residual levels of the compound might persist in urine for weeks or even months post-abstinence. According to the US Division of Justice, a constructive urine test screen for drug metabolites “does not indicate abuse or addiction, recency, frequency, or quantity of use or impairment.”
Earlier this month, members of the DC City Council authorized Act Quantity A23-0114: The Health-related Marijuana Plan Patient Employment Protection Short-term Amendment Act, which seeks to impose explicit protections for health-related cannabis individuals against workplace discrimination.
It states: “A public employer might not refuse to employ, terminate from employment, penalize, fail to market, or otherwise take adverse employment action against an person primarily based upon the individual’s status as a qualifying [medical cannabis] patient. … A qualifying patient’s failure to pass a public employer-administered drug test for marijuana elements or metabolites might not be made use of as a basis for employment-connected choices unless affordable suspicion exists that the certified individuals was impaired by marijuana at the qualifying patient’s spot of employment or in the course of hours of employment.” Like all District legislation, the act have to undergo a 30-day Congressional critique prior to taking impact.
Extra legislation strengthening employment protections for qualifying individuals remains pending ahead of the DC Council.
Marijuana has been legal in DC given that voters authorized the Legalization of Possession of Minimal Amounts of Marijuana for Individual Use Act of 2014. The proposal, which was passed with practically 65% assistance, legalized the possession of up to two ounces of marijuana, as properly as the individual cultivation of up to six plants (3 of which can be mature). The initiative didn’t establish a legal indicates of acquiring the plant.