District of Columbia Code
Chapter 9B - Cannabis Employment Protections
§ 32–951.01. Definitions

(1) "Cannabis" means marijuana.
(2) "District government" means the government of the District of Columbia, including:
(A) Any department, agency, or instrumentality of the government of the District;
(B) Any independent agency of the District established under part F of subchapter IV of Chapter 2 of Title 1 [only the Public Service Commission was so established];
(C) Any agency, board, or commission established by the Mayor or the Council and any other agency, public authority, or public benefit corporation that has the authority to receive monies directly or indirectly from the District (other than monies received from the sale of goods, the provision of services, or the loaning of funds to the District); and
(D) The Council.
(3) "Employee" means any individual employed by or seeking employment from an employer and includes unpaid interns.
(4) "Employer" means any person who, for compensation, employs an individual, except for the employer's parent, spouse, or child engaged in work in and about the employer's household, and any person acting in the interest of such employer, directly or indirectly. The term includes public employers, including the District government. The term does not include the District of Columbia court system and the federal government.
(5) "Marijuana" shall have the same meaning as provided in § 48-901.02(3)(A).
(6) "Medical cannabis program" means the District's medical marijuana program established pursuant to § 7-1671.05.
(7) "Medical cannabis program patient" means an individual who is actively registered in the District's medical cannabis program or in the medical marijuana program or medical cannabis program of the employee's jurisdiction of residence.
(8) "Safety sensitive" means an employment position, as designated by the employer, in which it is reasonably foreseeable that if the employee performs the position's routine duties or tasks while under the influence of drugs or alcohol, the person would likely cause actual, immediate, and serious bodily injury or loss of life to self or others, which may include positions that require or involve:
(A) The provision of security services, such as police, special police, and security officers, or the custodianship, handling, or use of weapons, including firearms;
(B) Regular or frequent operation of a motor vehicle, heavy or dangerous equipment, or heavy or dangerous machinery;
(C) Regular or frequent work on an active construction site or occupational safety training;
(D) Regular or frequent work on or near power or gas utility lines;
(E) Regular or frequent handling of hazardous materials as defined in § 8-1402;
(F) The supervision of, or the provision of routine care for, an individual or individuals who are unable to care for themselves and who reside in an institutional or custodial environment; or
(G) The administration of medications, the performance or supervision of surgeries, or the provision of other medical treatment requiring professional credentials.
(9) "Use of cannabis" means an individual's legal consumption of marijuana under § 48-904.01(a) or Chapter 16B of Title 7.
(Oct. 22, 2022, D.C. Law 24-190, § 101, 69 DCR 008849.)

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