Virginia Officials Publish Guidance On Marijuana Consumers’ Workplace Rights

OG article by Kyle Jaeger

December 9, 2025

Virginia officials from the Department of Labor and Industry (DOLI) have published guidance on workplace protections for cannabis consumers under recently enacted laws. The guidance protects employees from discipline or termination based solely on cannabinoid metabolites in drug tests, unless impairment is evident or the employer operates a drug-free workplace policy. Medical cannabis patients are shielded from adverse actions for lawful use with valid certification. Exceptions include no protection for on-duty impairment, compliance with federal law to avoid contract or funding loss, and specific thresholds for defense sector employers (urine over 50 ng/ml THC or hair over 10 pg/mg). Employers may maintain zero-tolerance policies if applied nondiscriminately. This follows 2021 legalization of recreational use and personal cultivation, without a regulated sales market. Efforts to establish commercial sales stalled under Governor Glenn Youngkin, who vetoed prior bills. A legislative commission recently proposed a framework for 2026 legalization. With Democrats expanding majorities and electing pro-reform Governor-elect Abigail Spanberger, optimism rises for advancing adult-use sales legislation in January, sponsored by Del. Paul Krizek and Sens. Louise Lucas and Aaron Rouse. Spanberger supports a safe, transparent market reinvesting revenue in communities, schools, and economy, building on her congressional votes for federal reforms. This development marks a significant step in protecting consumers' rights in the evolving cannabis landscape.