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28 Dec

December 2021: Philadelphia Ban on Pre-Hire Marijuana Testing Takes Effect January 1, 2022

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Update Applicable to:
All employers in Philadelphia, Pennsylvania

What happened?
In our previous communication, we informed you about Bill No. 200625. This is a reminder about the law.

What are the details?
Effective January 1, 2022, employers are prohibited from testing for the presence of marijuana as a condition of employment.

This Bill does not affect all employers; the prohibition does not apply to individuals applying to work in the following professions.

  • Police officer or other law enforcement positions.
  • Any position requiring a commercial driver’s license.
  • Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals.
  • 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 pursuant to the Bill.

It also does not apply to drug testing required pursuant to:

  • Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security.
  • Any contract between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant.
  • Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.

The Bill will also require that the agency, decided by the mayor, will be tasked with the responsibility for enforcement to make the regulations widely known for the implementation and administration of the new requirements.

For more information, please see the links below:

Bill No. 200625

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and make adjustments to their hiring and drug testing policies to stay in compliance with the new law.