Introduction
Can your boss fire you for having a Virginia medical marijuana card?
Not for lawful medical use of cannabis oil under a valid certification. Virginia law says employers can’t fire you, discipline you, or discriminate against you for it.
But it’s not a free pass. There are limits, and a few jobs fall outside the protection.
Here’s how employment protections for people with Virginia medical marijuana cards actually work.
What are the Employment Protections for People with Virginia Medical Marijuana Cards?
The protection lives in Virginia Code § 40.1-27.4. It’s been in effect since July 1, 2021.
Here’s what it says in plain terms. An employer can’t fire you, discipline you, or discriminate against you for lawfully using cannabis oil under a valid written certification from your practitioner. That covers private employers, and it applies to state and local government employers too.
You need that certification. Without it, you don’t get the protection.
Where the Protection Stops
The law has limits. Employers can still:
- Act on impairment at work.
- Ban possession of cannabis during work hours.
And employers aren’t required to break federal law or risk federal contracts or funding. Some defense industry employers are covered by a separate exception.
If your job involves federal drug testing, a CDL, a pilot license, or a security clearance, check your specific rules before you use cannabis.
What Does This Mean for Employers?
Employers can’t fire, discipline, or discriminate against a certified patient for lawful medical use of cannabis oil. That’s the baseline.
They can still act on impairment at work and ban possession on the job. If you’re an employer, make sure your drug policy covers both sides.
Can Employers Still Drug-Test Employees?
Yes. Employers can still test. Cannabis shows up on drug tests long after the effects wear off, so a positive result alone doesn’t prove impairment.
For a certified patient using cannabis oil lawfully, a positive THC result shouldn’t be grounds for discipline on its own. Showing up impaired is a different story.
What Should Employees Do if They Feel They Have Been Wrongfully Terminated?
Talk to an employment attorney as soon as you can. Keep your certification, your termination notice and any messages from your employer. A lawyer can tell you if you have a claim.
How Can Employers Ensure They are in Compliance with the Law?
There are a few key things that employers need to keep in mind in order to ensure compliance with the law. First, employers should review the Virginia Code to understand the specific provisions that apply to them. Second, employers should develop a policy that outlines how they will handle employees who are authorized to use medical marijuana. This policy should include guidelines for drug testing and what actions will be taken if an employee tests positive for marijuana.
Finally, employers should communicate this policy to all employees and ensure that they are familiar with it.
Want the full breakdown of what employers can and can’t do? Read our guide on Virginia worker protections.
Work is just one piece of the picture. See the consequences of a Virginia medical marijuana card beyond your job.
Disclaimer: We are not legal professionals and do not offer legal advice. The general information in this article does not constitute legal advice. For legal issues or questions, consult with a qualified legal professional.
Dr. Marsh, is a board-certified anesthesiologist with over 37 years of healthcare experience. A graduate of Syracuse University, the New York College of Osteopathic Medicine, and Rutgers University Medical School, he has earned recognition from FindaTopDoc.com for clinical excellence. Dr. Marsh founded ReThink-Rx in 2021, where he now focuses on educating, supporting, and certifying patients for medical cannabis.
