ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on a temporary basis, the District of Columbia Government Comprehensive Merit
Personnel Act of 1978 to prohibit the District of Columbia government from taking
adverse employment actions against individuals for participating in a medical marijuana
program; and to amend the Department of Corrections Employee Mandatory Drug and
Alcohol Testing Act of 1996 to do the same.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Medical Marijuana Program Patient Employment Protection Temporary
Amendment Act of 2020.
Sec. 2. The District of Columbia Government Comprehensive Merit Personnel Act of
1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-601.01 et seq.), is
amended follows:
(a) Section 2051 (D.C. Official Code 1-620.11) is amended as follows:
(1) Designate the existing text as subsection (a).
(2) A new subsection (b) is added to read as follows:
(b) To the extent permitted by federal law and regulations, programs and rules adopted
pursuant to subsection (a) of this section shall accommodate qualifying patients, as that term is
defined in section 2(19) of the Legalization of Marijuana for Medical Treatment Initiative of
1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code 7-1671.01(19)), in
compliance with title XX-E..
(b) Section 2025 (D.C. Official Code 1-620.25) is amended by adding a new subsection
(d) to read as follows:
(d) Notwithstanding subsection (a) of this section, the testing program established
pursuant to this title shall comply with the requirements of title XX-E..
(c) Section 2032 (D.C. Official Code 1-620.32) is amended by adding a new subsection
(g) to read as follows:
(g) The testing program established pursuant to this title shall comply with the
requirements of title XX-E..
(d) A new title XX-E is added to read as follows:
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 ENROLLED ORIGINAL
"TITLE XX-E
"MEDICAL MARIJUANA PROGRAM PATIENT EMPLOYMENT PROTECTIONS.
"Sec. 2051. Definitions.
For the purposes of this title, the term:
(1) Marijuana shall have the same meaning as provided in section 102(3)(A) of
the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981
(D.C. Law 4-29; D.C. Official Code 48-901.02).
(2) Qualifying patient shall have the same meaning as provided in section
2(19) of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July
27, 2010 (D.C. Law 18-210; D.C. Official Code 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.
Sec. 2052. Patient protections.
(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 individuals status as a qualifying patient unless the individual used, possessed, or was
impaired by marijuana at the individuals place of employment or during the hours of
employment.
(2) A qualifying patients 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 patients 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..
Sec. 3. Section 3 of the Department of Corrections Employee Mandatory Drug and
Alcohol Testing Act of 1996, effective September 20, 1996 (D.C. Law 11-158; D.C. Official
Code 24-211.22), is amended by adding a new subsection (d) to read as follows:
(d) The testing program established pursuant to this act shall comply with the
requirements of title XX-E of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, passed on 2nd reading June 9, 2020 (Enrolled version of Bill 23-756)..
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 ENROLLED ORIGINAL
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 5. Effective date.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.
______________________________
Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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