Employer Protections for Virginia Medical Marijuana Patients: What You Need to Know

Virginia has made important strides in protecting medical marijuana patients, especially in the realm of employment rights. Thanks to recent legislative developments, both private and public employees who are certified medical marijuana users are now protected from workplace discrimination under certain conditions. These changes reflect the state’s growing recognition of marijuana as a legitimate treatment option and an evolving approach to patient rights in the workplace.

The Legal Landscape in Virginia

In 2021, Virginia passed legislation prohibiting private employers from disciplining or discriminating against employees solely based on their lawful use of medical marijuana. This protection is afforded only to individuals who have a valid written certification issued by a licensed practitioner, ensuring that their use is legal and medically justified. While this law was a major step forward, it initially excluded public sector employees, leaving teachers, firefighters, and other government workers vulnerable to potential retaliation for their use of medical marijuana.

That changed with the signing of House Bill 149 and Senate Bill 391 by Governor Glenn Youngkin in April 2024. These bills, effective as of July 2024, extended the same protections to public sector workers, ensuring that nearly all Virginia employees, except those in specific exempted roles, are treated equally when it comes to their lawful medical marijuana use. You can read more about this progress here: Virginia Governor Signs Bill Protecting Medical Marijuana Patients' Jobs.

What the Law Provides and What It Doesn’t

Under the current law, Virginia employers are no longer permitted to fire, discipline, or otherwise retaliate against employees for the legal use of medical marijuana during non-work hours. However, this protection comes with some important stipulations. Employees must follow state guidelines, which include obtaining and maintaining a valid medical marijuana card from a registered practitioner. That’s where we’re able to help! Schedule an appointment to meet with our marijuana doctor via telemedicine today!

It’s also critical to understand the limitations of these protections. Employers are not required to allow the use or possession of marijuana while employees are on the job or company premises. For example, smoking or consuming marijuana during a work shift or while operating machinery is not protected, regardless of a patient’s certification status.

Additionally, employees in safety-sensitive positions, like those involving the operation of heavy machinery or the protection of others, may be held to stricter standards. The law also does not extend to law enforcement officers, as outlined in § 9.1-101 of the Virginia Code. Furthermore, because marijuana is still classified as a Schedule I substance under federal law, employers with federal contracts or obligations may enforce zero-tolerance policies that comply with federal guidelines.

Taking the Next Step With Virginia Marijuana Card

If you're a Virginia resident who believes medical marijuana can help you manage a health condition, getting certified is the first and most important step. At Virginia Marijuana Card, we simplify the process for you. Our expert team of licensed physicians and support staff is here to guide you from start to finish.

Scheduling an appointment is easy; simply visit our online scheduling page and select a time that suits you. During your consultation, you’ll discuss your medical condition with one of our compassionate doctors who can determine whether medical marijuana is an appropriate treatment option. If approved, we’ll help you navigate the certification process and answer any questions you may have about your rights as a patient.

Moving Forward

The expansion of employment protections for medical marijuana patients in Virginia is a major milestone. These changes not only reflect a shift in societal attitudes but also provide greater peace of mind to patients who rely on marijuana as part of their treatment plan. By staying informed and certified, you can confidently manage your health while understanding your rights 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.

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!

Schedule an evaluation online today, and we’ll make an appointment for you with one of our knowledgeable, compassionate doctors.

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Doctors Who Care.

Relief You Can Trust.

At Virginia Marijuana Card, we’re here to make the process easy and stress-free. Our team is dedicated to helping you unlock the full benefits of Virginia’s medical marijuana program while improving your overall quality of life.

Don’t wait to start feeling better. Call us at (888) 633-5808 or schedule your evaluation today, and take advantage of the many benefits a medical card has to offer!