Beneath federal regulation, nevertheless, present unlawful drug use exempts a person from protection underneath the Individuals with Disabilities Act. That’s as a result of marijuana is prohibited underneath federal regulation.
Employers additionally should grapple with how you can handle an worker who exams optimistic for marijuana throughout an employer’s drug screening.
Virginia lawmakers partially weighed into this query in the course of the 2021 session when it handed a regulation on disciplining of an worker utilizing hashish oil for medicinal functions.
That hashish oil regulation, which additionally takes impact on July 1, states, “No employer shall discharge, self-discipline, or discriminate towards an worker for such worker’s lawful use of hashish oil pursuant to a sound written certification issued by a practitioner for the therapy or to eradicate the signs of the worker’s identified situation or illness pursuant” to the present certification to be used of hashish oil for therapy described within the hashish oil regulation.
Hashish oil is narrowly outlined in that regulation, and expressly excludes sure industrial hemp “that’s grown, dealt, or processed in compliance with state or federal regulation, except it has been acquired and formulated with hashish plant extract by a pharmaceutical processor.”
This shall be extraordinarily complicated for employers, making it tough for employers to know how you can adjust to the brand new state regulation that legalizes leisure marijuana possession.
