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Summary of differences between federal and state regulations
Medical marijuana
Individuals can use cannabis oils and products with less than 10 mg of THC. A practitioner can issue a written certification to patients, who must register.
Employers cannot discharge, discipline, or discriminate against an employee for the lawful use of cannabis oil under a valid written certification from a practitioner for the treatment of an employee’s diagnosed condition or disease.
An employer may take an adverse employment action against an employee for work impairment caused by the use of cannabis oil and may prohibit possession during work hours.
The law does not require an employer to commit any act that would cause the employer to be in violation of federal law or that would result in the loss of a federal contract or federal funding.
A defense industrial base sector employer or prospective employer (as defined by the U.S. Cybersecurity and Infrastructure Security Agency) is not required to hire or retain an applicant or employee who tests positive for THC in excess of 50 ng/ml for a urine test or 10 pg/mg for a hair test.
“Cannabis oil" means any formulation of processed Cannabis plant extract, which may include industrial hemp extracts, including isolates and distillates, acquired by a pharmaceutical processor or a dilution of the resin of the Cannabis plant that contains, except as otherwise provided in Article 4.2, no more than 10 milligrams of tetrahydrocannabinol per dose.
Cannabis oil does not include industrial hemp that is grown, handled, or processed in compliance with state or federal law, unless it has been grown and processed in the Commonwealth by a registered industrial hemp processor and acquired and formulated by a pharmaceutical processor.
"Cannabis product" means a product that:
- Is formulated with cannabis oil or botanical cannabis,
- Is produced by a pharmaceutical processor and sold by a pharmaceutical processor or cannabis dispensing facility,
- Is registered,
- Contains, except as otherwise provided, no more than 10 milligrams of tetrahydrocannabinol per dose, and
- Is compliant with testing requirements.
Recreational marijuana
Individuals are allowed to possess up to one ounce of marijuana or four marijuana plants.
Employers are prohibited from requiring job applicants to disclose information about arrests, criminal charges, or convictions for misdemeanor marijuana violations. These records are not open for public inspection.
This does not apply to employers who are required to gather this information under regulations from the Federal Motor Carrier Safety Administration (FMCSA).
The law does not mention drug testing restrictions or discrimination protections. Employers can prohibit marijuana use in the workplace, and can require employees to pass a drug test for marijuana. Employers can set drug testing policies based on employee job duties. An employer may want to require that employees with safety-sensitive jobs pass a drug test to avoid liability risk.
The Virginia Cannabis Control Authority regulates marijuana.