In 2021, Virginia legislature passed a provision defining lawful and unlawful marijuana use within the workplace. On April 8th, the Governor signed into law an expansion to this law, making an allowance for medical cannabis oil. Employers are not allowed to terminate, discipline, or discriminate in any way against employees who legally use medical cannabis oil.
However, employees are required to provide a medical certification which must be issued by a licensed practitioner. This certification should state that using cannabis will treat or reduce an employee’s adverse symptoms of a medical condition. In addition, employees must continue to perform at the company’s standards and not be impaired or in possession of cannabis at work. Employers will not be required to make any allowances that would negatively affect funding or violate federal law.
Defense and security sector employees will still have to comply with existing threshold requirements.