Updated: Does a Medical Marijuana Card Protect Me at Work In Virginia?
Introduction
As of July 1, 2021, Virginia residents with valid medical marijuana cards received certain protections from employment discrimination. This significant development came as a result of House Bill 1862, which received unanimous support in both the House of Delegates and Senate, and was signed into law by Governor Ralph Northam on April 11, 2021. This law has far-reaching implications for individuals with medical marijuana cards in Virginia, as it shields them from arbitrary employment-related discrimination. These protections are for medical marijuana patients only and do not cover recreational users of marijuana.
In this blog post, we'll explore the employment protections granted to Virginians with medical marijuana cards, the exceptions, consequences of violation, and what both employees and employers should be aware of.
Understanding the Employment Protections
Under Virginia state law, employers are prohibited from firing or refusing to hire individuals solely because they possess a valid medical marijuana card. This legal safeguard applies equally to both public and private sector employees. Essentially, having a medical marijuana card should not be a reason for an employer to deny employment or terminate a current employee.
The Role of Impairment in the Workplace
While the protection is clear, it's important to note that employers can still take action if an employee's use of medical marijuana leads to impairment on the job. This key exception allows employers to maintain a safe and productive work environment. It's crucial for employees with medical marijuana cards to use their medication responsibly, especially when it might affect their job performance.
Consequences of Violating These Protections
Employers who disregard these employment protections could face serious consequences, which may include criminal and civil penalties. Criminal penalties could entail jail time and hefty fines, while civil penalties might involve monetary compensation to the wrongfully terminated employee. These penalties underscore the importance of employers respecting the rights of employees with medical marijuana cards.
Implications for Employers
For employers, it's vital to understand that taking adverse actions against an employee solely because of their medical marijuana card can lead to discrimination claims. Furthermore, employers should avoid requiring employees to disclose their cardholder status, as this could also result in discrimination claims. To ensure compliance with the law, employers need to take a proactive approach.
Virginia Governor Approves Bill to Expand Employment Protections for Medical Cannabis Patients
In a significant step forward for medical cannabis patients in Virginia, Governor Glenn Youngkin recently signed legislation (SB 391 | HB 149) that expands employment protections to include public sector workers. The new law, set to take effect on July 1, 2024, extends the same job protections that private-sector employees currently enjoy to state and local government employees who are certified to use medical cannabis.
Expanding Protections for Public Employees
Under current Virginia law, private employers are prohibited from firing, disciplining, or discriminating against employees who lawfully use medical cannabis with a valid written certification. However, this law excluded public sector workers, leaving many without the same protections. The newly approved legislation corrects this gap, ensuring that public employees, including first responders such as firefighters and emergency service providers, are safeguarded from job-related repercussions due to their legal medical cannabis use.
A Long-Awaited Victory
The passage of this bill is the result of years of advocacy, particularly by NORML (National Organization for the Reform of Marijuana Laws), which has been working closely with lawmakers like Delegate Dan Helmer. According to JM Pedini, Development Director at NORML and Executive Director of Virginia NORML, this expansion is a long overdue victory that ensures public employees are now properly covered by Virginia’s employment protection laws for medical cannabis patients.
“We’re so grateful for Delegate Helmer’s advocacy,” said Pedini, reflecting on Helmer’s role in championing the cause. “Virginia’s firefighters, emergency services providers, and civil servants across the Commonwealth deserve the same job protections currently provided to private employees for their lawful and responsible use of medical cannabis.”
What This Means for Virginia Workers
With the new law, public employees in Virginia can now engage in medical cannabis use without fear of losing their jobs, provided they adhere to legal guidelines. This is a crucial development for professionals who risk their lives daily, such as firefighters and emergency personnel, offering them the ability to manage their health responsibly without compromising their careers.
As cannabis laws continue to evolve across the United States, Virginia’s move to extend protections to public employees marks an important step towards more inclusive and equitable employment policies for medical cannabis users.
Drug Testing and Employee Rights
Employers can still conduct drug tests on employees, including for marijuana, even if the employee holds a valid Virginia medical marijuana card. However, employers cannot penalize employees for using medical marijuana outside of work hours. This means that employees should not face negative consequences like job loss, demotion, or salary reduction due to their legal use of medical marijuana outside the workplace.
Seeking Legal Recourse
If an employee believes they have been wrongfully terminated due to their medical marijuana card, it's essential to consult with an employment lawyer promptly. These legal professionals can assess the situation, protect the employee's rights, and potentially seek damages if discrimination can be proven. It's crucial for employees to know that they have legal recourse in case of unjust treatment.
Employer Compliance Checklist
To ensure compliance with the law, employers should consider the following steps:
Review Virginia Code: Employers should thoroughly examine the Virginia Code to understand the specific provisions that apply to them.
Develop a Policy: Create a clear policy outlining how the company will handle employees authorized to use medical marijuana. This policy should include guidelines for drug testing and the actions to be taken if an employee tests positive for marijuana.
Communication: Ensure that all employees are aware of this policy. Regular communication can help prevent misunderstandings and promote compliance.
Recent Legislative Developments
In addition to the 2019 law, there have been recent legislative developments in Virginia related to medical cannabis. In 2021, Governor Northam signed House Bill 1862 into law, providing further employment protections for state-registered medical cannabis patients. This law prevents employers from taking adverse actions against employees for their lawful use of medical cannabis while off-duty. However, it doesn't restrict employers from sanctions if an employee is under the influence of cannabis while at work. Even if a patient has a tolerance to cannabis they are still not protected for using cannabis while at the job.
Moreover, as Virginia moves toward becoming the first Southern state to legalize cannabis for adult use, there's a growing need for lawmakers to eliminate suspicionless marijuana testing altogether. This would better align with both state law and public opinion.
In conclusion, having a medical marijuana card in Virginia should not jeopardize your employment. You have legal protections in place to ensure that you can use your medication without fear of unjust treatment by your employer. However, it's crucial to exercise responsibility and avoid impairment at work. Employers must also take steps to understand and adhere to these employment protections, promoting a fair and just workplace for all.
Looking Ahead
As the medical cannabis landscape in Virginia continues to grow, this new legislation sets the tone for future reforms. It signals a shift towards broader acceptance of medical cannabis use, reflecting the increasing recognition of patients' rights in the workplace. This step forward is part of a larger movement in Virginia to ensure that employees—both private and public—are protected under the law for their responsible medical choices.
Governor Youngkin’s approval of this bill highlights the ongoing efforts to modernize Virginia’s cannabis policies, bringing the state more in line with the growing national trend toward protecting medical cannabis patients in the workforce. Since July 2024, public employees across the Commonwealth have been enjoying a safer and fairer working environment.
