The ordinance applies only to pre-employment drug testing. The law doesn't require employers to change their existing drug policies in the workplace, so your current employer can test you for cannabis use. The law does not apply to employers with a collective bargaining agreement that specifically addresses pre-employment drug testing. Jobs that require drug screening under federal or state law for safety reasons are also exempt.
Employers who are required to conduct drug tests to receive federal contracts or grants are also discounted. Philadelphia Mayor Jim Kenney signed into law a city law that prohibits certain city employers from requiring prospective employees to pass a pre-employment drug test. Philadelphia City Council members had previously decided 15 to 1 in favor of the legislation. Testifying in support of the move, NORML Deputy Director Paul Armentano told Council members: “There is no evidence to support the claim that those who use cannabis in the privacy of their own home, away from work, pose a unique threat or risk to the safety of the workforce.
The Philadelphia measure is similar to other city laws that have recently been enacted in the cities of Atlanta, New York and Washington, DC, which limit the ability of employers to screen certain employees for exposure to marijuana outside of work. As this law is in effect, employers with Philadelphia employees should, if they haven't already done so, ensure that marijuana is removed from their pre-employment drug testing panels. Code § 9-5500 now prohibits Philadelphia employers from requiring job applicants to undergo pre-employment drug testing for marijuana use. Philadelphia isn't the first city to enact restrictions on pre-employment drug testing, and it probably won't be the last.
