Virginia: Protections for Medicinal Use of Cannabis Oil Expanded to Public Employees

By Michael S. McIntosh, Elizabeth A. Lalik, Alex Berg and Ashley D.N. Jones on June 7, 2024

In 2021, Virginia legalized marijuana and provided protections for medical marijuana cardholders by prohibiting private employers from discriminating against employees for their lawful use of medical cannabis.

Senate Bill 391 amends that law by specifying that an employee's lawful medical use of cannabis oil, as defined in Section 4.1-1600 of the Virginia Code, must conform to the laws of the Commonwealth to be protected (i.e., by using cannabis oil for medical reasons pursuant to a professional practitioner's certification). The bill also expands these protections to most state and local public employees, including employees of the Commonwealth and its counties, cities, towns, and political subdivisions. These protections, however, were not extended to law-enforcement officers.

Employers are still permitted to prohibit cannabis possession during work hours. Employers also remain able to take employment actions against employees for being impaired by marijuana at work, where the employer would otherwise be committing an act in violation of federal law or a federal contract or funding, or where an applicant or employee tests positive for THC in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test in conjunction with their employment (or prospective employment) in the defense industrial base sector (as defined by the U.S. Cybersecurity and Infrastructure Security Agency (CISA)).

This article was originally published on Littler Mendelson's website. Click here to read the original and full article.

© 2024 Littler Mendelson. All Rights Reserved. LITTLER MENDELSON®, ASAP®, INSIGHT® and LITTLER REPORT® are registered trademarks of Littler Mendelson, P.C.

Posted: June 12, 2024

All Rights Reserved © 2024 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution

You are leaving

Ok, Continue Cancel