Section 1-620.62 - Protections for qualifying patients.(a) [Repealed by 2022 Amendment.](b) [Repealed by 2022 Amendment.] (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:(A) Place the employee in a position that is designated as safety-sensitive;(B) Impose an undue hardship on the employing agency; or(C) Cause the agency to commit a violation of a federal law, regulation, contract, or funding agreement.(3)[Repealed by 2022 Amendment.] (d) Nothing in subsection (c) of this section may be interpreted as requiring an agency employer to permit an employee who is a qualifying patient to: (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 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 section 211 (b-1) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 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.(e) Notwithstanding section 404(a), the Council may issue rules pertaining to Council employees to implement the provisions of this section.Amended by D.C. Law 24-190,§ III-301, 69 DCR 008849, eff. 10/22/2022.Amended by D.C. Law 24-45,§ I-F-1052, 68 DCR 010163, eff. 11/13/2021.Added by D.C. Law 23-276,§ 2, 68 DCR 004794, eff. 4/27/2021.