Philadelphia Bans Pre-Employment Marijuana Drug Tests

The Philadelphia City Council recently passed Ordinance 200625 addressing marijuana drug testing. Mayor Jim Kenney signed the initiative into law on April 28.

Starting January 1, 2022, employers may not require a prospective employee submit to a drug test that looks for the presence of marijuana in the individual’s system. The law is specifically drafted to address pre-employment testing on prospective employees.

There are numerous exceptions provided:

1. Police officer or other law enforcement positions;
2. Any position requiring a commercial driver’s license;
3. Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals;
4. Any position in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency and set forth in regulations.

Employers that are conducting drug tests pursuant to a federal or state statute, regulation or order that requires such drug testing for purposes of safety or security are also exempt. Other exemptions include a contract between or grant from the federal government and an employer that requires drug testing, or any applicants for an employer who is a party to a valid collective bargaining agreement that addresses the pre-employment drug testing. Employers should keep an eye out for potential regulations related to the implementation and administration of this new Philadelphia law.

Philadelphia joins New York City in being the first jurisdictions to specifically ban pre-employment testing for marijuana.1 As we blogged about earlier, we’ve now seen the first lawsuit against a company alleging violations of the NYC law. With the continued tide going in favor of marijuana legalization and candidate or employee rights, employers should begin reviewing their drug testing policies and procedures with qualified legal counsel.

1 Nevada’s law makes it unlawful for employers to fail or refuse to hire a prospective employee based on a positive drug test for the presence of marijuana.