Current through codified legislation effective September 18, 2024
Section 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 Title IV of the District of Columbia Home Rule Act, approved December 24, 1973 (69 Stat. 699; D.C. Official Code § 1-204.91et seq.);(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(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 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(3)(A)) .(6) "Medical cannabis program" means the District's medical marijuana program established pursuant to section 6 of the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.05) .(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 section 3 of the District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988, effective March 16, 1989 (D.C. Law 7-190; D.C. Official Code § 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 section 401(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 § 48-904.01(a)) , or the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code § 7-1671.01et seq).Added by D.C. Law 24-190,§ I-101, 69 DCR 008849, eff. 10/22/2022.