Workplace Drug Testing Laws in Washington D.C.
Washington, D.C., does not have a workplace drug testing law that would restrict employers from conducting drug testing for job candidates or employees. The only exception is the D.C. ACT 24-483 regarding marijuana use.
On July 13, 2022, Mayor Muriel Bowser of Washington, D.C., signed new employment protections into law. Employers can still conduct drug testing following an accident or reasonable suspicion, and screen employees in safety-sensitive roles. However, this law prohibits employers from taking adverse action against job applicants or employees who use medical cannabis or those who fail marijuana drug tests without additional indicia of impairment.
The legislation does not address the policies regarding random or return-to-work drug tests. According to the current legal framework, employers must wait to test a potential employee for marijuana until after they have made a conditional job offer.
To register for a drug test online, use the button below. You can also reach us at (888) 378-2499 to register via phone.
Washington D.C. Drug Testing Compliance
Washington D.C. Drug Testing Laws Without Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Instant or POCT Testing | Instant or point-of-care testing (POCT) is permitted, but it is recommended that results from POCT be confirmed by a certified laboratory to ensure accuracy and reliability. |
| Random Testing | Random drug testing in the private sector is neither prohibited nor required. |
| Specimens Tested | The current legislation in Washington, D.C., does not specify a type of specimen that is required. |
| Testing for Alcohol | Employers in Washington, D.C., can test for alcohol use, especially for safety-sensitive positions; breath and urine tests are commonly used. |
Conditional Washington D.C. Drug Testing Laws
| Drug Test Issue | Remarks |
|---|---|
| Recreational Marijuana | Recreational marijuana is legal in Washington, D.C. The Cannabis Employment Protection Amendment Act of 2022 prohibits employers from taking adverse actions against employees or job applicants based solely on their cannabis use. However, employers retain the right to conduct drug tests for marijuana and may take action if an employee is found to be impaired while on the job. |
| Medical Marijuana |
The law does not require employers to allow cannabis use or possession at work, during tasks, or during work hours. However, if an employee is part of the medical cannabis program, employers should treat medical marijuana use for disabilities like any other prescribed medication. Under these conditions, the legislation seems to permit employees with disabilities to consume cannabis in non-smokable forms at work provided that (1) the employee does not hold a safety-sensitive position, and (2) the employer is not at risk of violating any federal laws, regulations, contracts, or funding agreements. Nonetheless, it's important to note that employers are not required to tolerate impairment in the workplace. |
| Substances Screened |
There are no specific restrictions regarding what type of substances can or cannot be screened aside from restrictions on cannabis. |
| Laboratories | There are no restrictions on private employers regarding laboratory selection, but employers should choose certified laboratories. |
Washington D.C. Drug Testing Laws With Restrictions
| Drug Test Issue | Remarks |
|---|---|
| Workers Comp | Claims can be denied if the injury is found to be primarily caused by intoxication or drug use. |
Frequently Asked Questions
Do Washington, D.C. State employees get drug tested?
In the private sector, employers decide whether to drug test their employees in Washington, D.C. Employees in safety-sensitive positions are required to undergo testing according to Title 6B of the District of Columbia Municipal Regulations.
Other Services We Provide in Washington D.C.
If you're looking for drug testing information related to a specific city in the state of Washington D.C., try taking a look at our Washington D.C. clinic locations page. From there, you can select your city's drug testing or DNA testing page to learn more.
We also offer Washington D.C. Background Checks. For more information, visit our Washington D.C. background check page.
This Information Is Not Intended for Legal Purposes
The information provided on this page is intended for your own knowledge, and should not be used for legal matters. Please seek the advice of a legal expert regarding legal advice for drug testing laws in your state.