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2024 SESSION
24100935DBe it enacted by the General Assembly of Virginia:
1. That § 40.1-27.4 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-27.4. Discipline for employee's medicinal use of
cannabis [ oil product ] prohibited.
A. As used in this section, "cannabis:
"Cannabis [ oil product ] "
means has the same meaning as that term is defined
provided in § 4.1-1600.
"Employee" has the same meaning as provided in § 40.1-2.
"Employer" has the same meaning as provided in § 40.1-2, except that for the purposes of this section, notwithstanding the provisions of § 40.1-2.1, "employer" also includes the Commonwealth, any county, city, town, or other political subdivision thereof, and any agency of the Commonwealth or such county, city, town, or political subdivision.
B. No employer shall discharge, discipline, or discriminate
against an employee for such employee's lawful use of cannabis [ oil product
] 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 pursuant to §
4.1-1601.
C. Notwithstanding the provisions of subsection B, nothing in
this section shall (i) restrict an employer's ability to take any adverse
employment action for any work impairment caused by the use of cannabis [ oil
product ] or to prohibit possession during work hours, (ii) 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, or (iii) require any defense industrial base sector employer or
prospective employer, as defined by the U.S. Cybersecurity and Infrastructure
Security Agency, to hire or retain any applicant or employee who tests positive
for tetrahydrocannabinol (THC) in excess of 50 ng/ml for a urine test or 10
pg/mg for a hair test.