Does Having a Virginia Marijuana Card Protect Me from Getting Fired for Using Marijuana?

As medical marijuana becomes more widely accepted and legalized across the United States, many Virginians are exploring its benefits. However, concerns about employment protections remain paramount. If you're a medical marijuana cardholder in Virginia, understanding your rights in the workplace is crucial.

Current Employment Protections for Medical Marijuana Users in Virginia

Private Sector Employees

Since 2021, Virginia law has prohibited private employers from firing, disciplining, or discriminating against employees solely because they are registered medical marijuana patients. This protection applies as long as:

• The employee possesses a valid written certification for medical cannabis use.

• The use of medical marijuana is in compliance with state laws.

• The employee does not use or possess cannabis during work hours or on company premises.

Employers are still permitted to enforce drug-free workplace policies and can take action if an employee is impaired while on the job.

Public Sector Employees

Historically, public sector employees, such as teachers, firefighters, and other state or local government workers, were excluded from these protections. However, a significant legislative change occurred in 2024.

In 2024, Governor Glenn Youngkin signed into law House Bill 149 and Senate Bill 391, extending employment protections to public sector workers who are registered medical marijuana patients. Effective July 2024, public employees cannot be fired, disciplined, or denied employment solely based on their status as medical marijuana cardholders, provided they adhere to the same conditions outlined for private sector employees. 

Important Exceptions and Considerations

While these laws offer substantial protections, there are notable exceptions:

• Safety-Sensitive Positions: Employees in roles considered safety-sensitive may be subject to different standards. Employers can enforce stricter policies if an employee's cannabis use poses a safety risk.

• Federal Employees and Contractors: Since marijuana remains a Schedule I controlled substance under federal law, federal employees and contractors are not protected under Virginia's medical marijuana employment laws.

• Workplace Impairment: Employers retain the right to prohibit on-site marijuana use and can take disciplinary action if an employee is found to be impaired during work hours.

Drug Testing Policies

Employers in Virginia can still conduct drug tests for marijuana. However, a positive test result alone cannot be the sole reason for disciplinary action if the employee is a registered medical marijuana patient and is not impaired at work. Employers should ensure their drug testing policies are updated to reflect these legal nuances.

Steps for Employees

If you're a medical marijuana cardholder in Virginia:

1. Understand Your Rights: Familiarize yourself with both state and federal laws regarding medical marijuana use and employment.

2. Communicate With Your Employer: While not required, consider discussing your medical marijuana use with your employer, especially if you're subject to routine drug testing.

3. Avoid On-Site Use: Refrain from using or possessing cannabis products during work hours or on company property.

4. Stay Informed: Laws and regulations can evolve. Regularly check for updates to ensure continued compliance.

Conclusion

Virginia has made significant strides in protecting the employment rights of medical marijuana users. With the extension of protections to public sector employees in 2024, more workers can now benefit from medical cannabis without fear of unjust job-related repercussions. However, understanding the scope and limitations of these protections is essential. By staying informed and proactive, you can navigate your rights and responsibilities effectively in the workplace

Get Your Medical Marijuana Card Today

Lucky for you, medical marijuana is already available in Virginia! You can get your medical marijuana card and access dispensaries today if you have a qualifying condition.

Recreational marijuana is legal in Virginia, but it does not mean much since there are no recreational dispensaries to purchase products from.

There are also countless benefits to having your medical card in a recreational state! You will save money on taxes and marijuana products, and you will enjoy higher possession and purchase limits if you have your medical card in Virginia!

In order to qualify for your medical marijuana card, you will need to have a condition that makes you eligible. If you aren’t sure if you would qualify, give us a call and we can answer any questions you may have about the process.

If you don’t already have your card, no worries. We can help! If you think you could benefit from medical marijuana, there is a good chance you would qualify for your medical card in the State of Virginia. With telemedicine, it is now easier than ever to get your medical card from the comfort of your own home!

In Virginia, any inhibiting condition could qualify you for your medical card. If you don’t already have it, we can help! Schedule an evaluation online today and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

---

Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, our mission is to help everyone achieve wellness

safely and conveniently through increased access to MMJ. Our focus on

education, inclusion, and acceptance will reduce the stigma for our patients by

providing equal access to timely information and compassionate care.

Call us at (888) 633-5808, or simply book a medical marijuana evaluation to start getting relief you can trust today!