Code of the District of Columbia

Subchapter XX-E. Medical Marijuana Program Patient Employment Protections.


§ 1–620.61. Definitions.

*NOTE: This section includes amendments by emergency legislation that will expire on July 7, 2021. To view the text of this section after the expiration of all emergency and temporary legislation effecting this section, click this link: Permanent Version.*

For the purposes of this subchapter, the term:

(1) "Marijuana" shall have the same meaning as provided in § 48-901.02(3)(A).

(2) "Qualifying patient" shall have the same meaning as provided in § 7-1671.01(19).

(3) "Public employer" means the District government.

(4) "Safety sensitive position" means a position with duties that, if performed while under the influence of drugs or alcohol, could lead to a lapse of attention that could cause actual, immediate, and permanent physical injury or loss of life to self or others.


(Mar. 3, 1979, D.C. Law 2-139, § 2061; as added Apr. 27, 2021, D.C. Law 23-276, § 2(e), 68 DCR 00048; May 4, 2021, D.C. Act 24-72, § 2(d), 68 DCR 004925.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).

For temporary (90 days) creation of this section, see § 2 of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).

Temporary Legislation

For temporary (225 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).

For temporary (225 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).


§ 1–620.62. Patient protections.

*NOTE: This section includes amendments by emergency legislation that will expire on July 7, 2021. To view the text of this section after the expiration of all emergency and temporary legislation effecting this section, click this link: Permanent Version.*

(a)(1) Notwithstanding any other provision of law, except as provided in subsection (b) of this section, a public employer may not refuse to hire, terminate from employment, penalize, fail to promote, or otherwise take adverse employment action against an individual based upon the individual's status as a qualifying patient unless the individual used, possessed, or was impaired by marijuana at the individual's place of employment or during the hours of employment.

(2) A qualifying patient's failure to pass a public employer-administered drug test for marijuana components or metabolites may not be used as a basis for employment-related decisions unless reasonable suspicion exists that the qualifying patient was impaired by marijuana at the qualifying patient's place of employment or during the hours of employment.

(b) Subsection (a) of this section shall not apply to safety sensitive positions or if compliance would cause the public employer to commit a violation of a federal law, regulation, contract, or funding agreement.


(Mar. 3, 1979, D.C. Law 2-139, § 2062; as added Apr. 27, 2021, D.C. Law 23-276, § 2(e), 68 DCR 00048; May 4, 2021, D.C. Act 24-72, § 2(d), 68 DCR 004925.)

Emergency Legislation

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2021 (D.C. Act 24-72, May 4, 2021, 68 DCR 004925).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-339, July 27, 2020, 67 DCR 9352).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2020 (D.C. Act 23-327, June 8, 2020, 67 DCR 7595).

For temporary (90 days) creation of this section, see § 2 of Medical Marijuana Program Patient Employment Protection Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-125, Oct. 7, 2019, 66 DCR 13158).

For temporary (90 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Emergency Amendment Act of 2019 (D.C. Act 23-77, July 8, 2019, 66 DCR 8089).

Temporary Legislation

For temporary (225 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2020 (D.C. Law 23-128, Aug. 27, 2020, 67 DCR 8619).

For temporary (225 days) creation of this section, see § 2(d) of Medical Marijuana Program Patient Employment Protection Temporary Amendment Act of 2019 (D.C. Law 23-26, Oct. 24, 2019, 66 DCR 12086).