NORML / Holon Law Partners: Virginia: Judge Enjoins County Officials From Disciplining Firefighter for Off-Duty Use of Medical Cannabis | Cannabis Law Report | Where to buy Skittles Moonrock online

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Hanover, VA: Local government officials cannot take disciplinary action against a Hanover County (population: 110,000) firefighter who uses state-authorized medical cannabis products while off-duty, according to a preliminary injunction issued earlier this month by a judge for the 15^th Judicial Circuit in Virginia.

The injunction finds that it is in the public interest to protect the rights of Virginians to use lawfully authorized medical cannabis products without fear of retaliation or termination by their employers. It further finds that local officials are not at risk of losing federal funding by allowing public employees to consume medical cannabis while they are away from their jobs.

The injunction specifically restricts the County’s enforcement actions, stating that the firefighter’s lawful off-duty use – limited to cannabis oil as defined by statute – does not impair his performance or safety and must be accommodated consistent with Virginia law.

Virginia legalized physician-authorized medical cannabis access in 2020. The law states that “No employer shall discharge, discipline, or discriminate against an employee for such employee’s lawful use of cannabis oil under the laws of the Commonwealth pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee’s diagnosed condition or disease.” Over 104,000 Virginians are registered in the state’s medical access program.

“This case reinforces that Virginia law means something in Virginia, even when local governments try to hide behind outdated federal policies,” said Eric Postow, Managing Partner at Holon Law Partners in Fairfax, which handled the case. “Our client earned this protection through his service and his integrity. No firefighter or public servant should have to choose between their health and their career.”

In a press release, he added: “This injunction marks one of the first major Virginia rulings affirming that local governments must comply with state medical cannabis protections. It underscores that public employees lawfully certified under Virginia’s medical cannabis program cannot be disciplined for off-duty use, provided it does not impair work performance or endanger others.”

Most states that regulate medical cannabis products provide explicit employment protections for patients’ off-the-job use, while approximately a third adult-use states do provide similar protections for those age 21 and older.

“Virginia law is clear and explicit in protecting the employment rights of medical cannabis patients, including those who are public employees,” said NORML’s development director, JM Pedini. “NORML worked closely with firefighters across the Commonwealth for three years to ensure that state law protects the jobs of the heroes who risk their lives to keep Virginians safe,” added Pedini, who also serves as the executive director of the state chapter, Virginia NORML.

NORML has also advocated for the enactment of similar protections for firefighters in Maryland, but lawmakers have yet to advance the issue.

The complete press release is available from Holon Law Partners.