Virginia bill to protect public workers from being fired for medical marijuana heads to Governor’s desk

The Virginia House of Delegates approved a bill passed by the Senate to protect workers in the public sector, such as teachers and government officials, from being terminated for using medical marijuana.

On Friday, the House passed the Stella Pekarsky’s (D) legislation with an 80-18 vote. It now goes to the Governor. The bill, if passed into law would align the state’s medical cannabis employment policies for public employees with those already in place for private workers.

The measure does not apply to law enforcement officers.

is a measure that will be introduced by Gov. Glenn Youngkin’s (R) Virginia code would include the following:

No employer may discharge, discipline or discriminate an employee because of their lawful use cannabis oil in accordance with the laws of Commonwealth, pursuant to valid written certifications issued by a physician for the treatment of symptoms or conditions of the employee diagnosed.

The law also states that employers are not prohibited from taking action against employees who are impaired at work or have cannabis in the workplace.

The House passed a separate bill last month to protect public sector employees from medical marijuana-related employment discrimination. Last week, it was amended by a Senate Committee to include the law enforcement exception so it is consistent with the Senate’s version which has now been advanced through both chambers.

Although marijuana for adult use was legalized in Virginia in 2021 under a law enacted by Youngkin’s Democratic predecessor, there is currently no regulated system of sales. Residents are therefore only able purchase cannabis via the medical program.

legislation has advanced through both chambers of the legislature this session, allowing recreational sales. Lawmakers are aiming to make two bills identical before sending the reforms to the governor. Last month, Youngkin said that he has “no interest” in allowing sales under the Democrat’s plans.

Youngkin, when he first was elected, said that he “was not against” categorically commercial sales.

A sales bill did advance through the Democratic-controlled Senate last session, but it stalled in committee in the House, which at the time had a GOP majority. After the elections of last year, Democrats gained control of both chambers.

In addition to amending the legislation governing employment protections, many states have also amended their laws to include adult cannabis consumers and medical cannabis patients.

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California employers, for example, are prohibited from asking applicants about their past cannabis use. Most are also barred from penalizing workers who use marijuana lawfully outside the workplace.

Washington State’s recently-enacted law protects workers against discrimination in the hiring process because of their legal use of cannabis.

The Florida Senate bill, which was introduced last month, would prohibit employers from firing employees for participating in the medical marijuana program .

A House committee approved a bill in September last year to prevent people from being denied federal employment or security clearances because of past marijuana use. Last week, the Congressional Budget Office published a score on the legislation. It found that it would only have “negligible costs. This is because many of past denial records, which agencies would be required review, would not have been kept.

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