As of Jan. 1, 2022, employers in the City of Brotherly Love are prohibited from requiring job applicants to undergo pre-employment drug testing for marijuana use. The ordinance, referred to as the Prohibition on Testing for Marijuana as a Condition for Employment (Phila. Code § 9-5500), makes it an unlawful employment practice for an employer, labor organization, employment agency or agent thereof to require prospective employees to submit to testing for the presence of marijuana as a condition of their employment.
The law defines marijuana broadly to include all forms or varieties of the genus Cannabis and the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. Though the ordinance’s scope is far reaching in the employment positions covered, the ordinance contains several exceptions to the prohibition, including: