Virginia Employee Medical Cannabis Oil Use Protections Law Passed

Update Applicable to:
All employers in Virginia

What happened?
On March 25, 2021, House Bill No. 1862 was passed.

What are the details?
The bill has been passed as of March 25, 2021, and will be effective as of July 1, 2021. This will prohibit an employer from discharging, disciplining, or discriminating against an employee based on the employee’s lawful use of cannabis oil. Employers will need to confirm if a positive marijuana test result is associated with medical cannabis oil use as the law includes cannabis oil that contains THC.

The law will not restrict an employer’s ability to prohibit possession during work hours or take any adverse employment action for work impairment caused by use of the oil. It will also not require an employer to commit any act that would cause the employer to be in violation of federal or result in the loss of federal funding or a contract.

The bill can be read here.

An article written on the act is found here and here.

What do employers need to do?
Employers should review the information provided above and update their workplace policies to ensure compliance with the new law.