District of Columbia Code Division I. Government of District. § 1-620.62. Protections for qualifying patients.

(a)(1) Notwithstanding any other provision of law and except as provided in subsection (b) of this section, an agency 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 individual's hours of employment.

(2) A qualifying patient's failure to pass an agency-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 or used marijuana at the qualifying patient's place of employment or during the qualifying patient's hours of employment.

(a) Repealed.

(1) To positions that are designated as safety-sensitive; or

(2) If compliance would cause the agency to commit a violation of a federal law, regulation, contract, or funding agreement.

(c)(1) Upon the request of an employee who is a qualifying patient, an agency must provide a reasonable accommodation for the employee's use of medical marijuana, including by engaging in an interactive process to determine the appropriate reasonable accommodation.

(2) A reasonable accommodation may include reassigning or transferring an employee to an open position for which the employee is otherwise qualified, or modifying or adjusting the employee's job duties or working environment, or modifying or adjusting the agency's operating procedures to enable the employee to successfully perform the essential functions of the job. An accommodation is not reasonable if it would:

(1) Use or administer marijuana at the employee's place of employment or during the employee's hours of employment; or

(1) Use, consume, possess, store, deliver, transfer, display, transport, sell, purchase, or grow marijuana at the employee's place of employment, while performing work for the agency, or during the employee's hours of work; or

(2) Be impaired by marijuana at the employee's place of employment or during the employee's hours of employment.

(2) Be impaired by the use of cannabis, meaning the employee manifests specific articulable symptoms while working or during the employee's hours of work that substantially decrease or lessen the employee's performance of the duties or tasks of the employee's job position, or such specific articulable symptoms interfere with an employer's obligation to provide a safe and healthy workplace as required by District or federal occupational safety and health law.

(d-1)(1) Nothing in this section may be interpreted to derogate or abridge the rights afforded under § 2-1402.11(b-1), to a qualifying patient who uses medical marijuana to treat a disability.

(2) An employee's election to pursue relief available under this act for a violation of subsection (b) of this section shall not prejudice the employee's right to pursue relief in other venues for violations of other District or federal laws.

(3) A reasonable accommodation or interactive process provided under subsection (c) of this section may be combined with a reasonable accommodation or interactive process provided pursuant to other District or federal law.