Virginia cannabis employment and drug testing law
Medical patients only. No discharge, discipline, or discrimination for lawful use of cannabis oil under a practitioner’s written certification, with workplace and federal exceptions. Status: Medical patients only — Protections reach registered or certified medical cannabis patients, not adult-use consumers.
Last updated
Key Takeaways
- Status: Medical patients only — Protections reach registered or certified medical cannabis patients, not adult-use consumers.
- Main source: Va. Code § 40.1-27.4.
- Federal testing rules (DOT and federal workplace programs) apply regardless of state law.
What the law protects
- Va. Code § 40.1-27.4 bars an employer from discharging, disciplining, or discriminating against an employee for the employee’s lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner.
Exceptions and limits
- Employers may still take adverse action if the employee is impaired at work, and may prohibit possession at work.
- Exceptions apply where the employer would otherwise violate federal law or lose a federal contract or funding.
- Employers in the defense industrial base need not hire or retain someone who tests above 50 ng/mL for THC in urine or 10 pg/mg in hair.
- Law-enforcement officers are excluded from the definition of “employee.”
Drug testing rules
- Outside the defense-industrial-base thresholds, the section does not set testing cutoffs.
Federal law and testing
Federal rules still apply. Under the U.S. DOT’s testing rules, a Medical Review Officer must not verify a test as negative because a physician recommended a Schedule I drug under a state “medical marijuana” law, and must not accept use of hemp or other non-prescription marijuana-related products as an explanation (49 CFR § 40.151(e)–(f)). That covers safety-sensitive transportation workers regardless of state law.
Federal workplace drug testing programs follow HHS Mandatory Guidelines, which set the cannabis testing panel and cutoffs for urine and oral fluid (Federal Register, March 13, 2026). Most state protections above include an exception where federal law, a federal contract, or federal funding requires otherwise.
For how long cannabis can show up on each test type, see our drug testing guide and the detection window explainer.
Common questions
Can you be fired for using cannabis in Virginia?
Virginia’s protection (Va. Code § 40.1-27.4) is written for medical cannabis patients. It does not cover adult-use consumers, and employers can still act on use, possession, or impairment at work, plus the other exceptions listed in the statute.
Can Virginia employers still drug test for THC?
Yes. Va. Code § 40.1-27.4 does not ban drug testing; it shapes what an employer may do with the results. Federally required tests, such as DOT-regulated jobs, are unaffected by state law.
Does Virginia law protect CDL drivers or federal workers?
No state law overrides federal testing rules. DOT-regulated employees remain subject to federal cannabis testing, and a state medical recommendation is not an accepted explanation for a positive result.
Sources
- government Code of Virginia § 40.1-27.4, Discharge of employee for lawful use of cannabis oil prohibited (Virginia Law) ↗ accessed 2026-10-03
- government eCFR, 49 CFR § 40.151 — What are MROs prohibited from doing as part of the verification process? (U.S. DOT) ↗ accessed 2026-10-03
- government Federal Register, Mandatory Guidelines for Federal Workplace Drug Testing Programs: Authorized Testing Panels (March 13, 2026) ↗ accessed 2026-10-03