Virginia Senate Committee Passes House-Approved Bill to Protect Public Employees Who Use Medical Marijuana

Legislation that would extend a law protecting medical marijuana users from workplace discrimination to include public employees, while expanding the definition to include marijuana products and not just oil, continues to advance in the Virginia Legislature.

The Senate Committee on Commerce and Labor voted 14 to 0 today to pass House Bill 149, which was passed by the full House of Delegates on January 29, with the vote being 78 to 20. If the measure is passed by the full Senate, it will be sent to Governor Glenn Youngkin.

Under current law “No employer shall discharge, discipline, or discriminate against an employee for such employee’s lawful use of cannabis oil 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”.

HB 149 would amends this provision “by specifying that such use must conform to the laws of the Commonwealth and that such protections extend to the employees of the Commonwealth and other public bodies.”

This would allow the provision to apply to public employees such as teachers.

The measure would also amend the discrimination provision to include “cannabis products” and not just “cannabis oil”.

A Senate version of the bill, Senate Bill 391, passed the full Senate earlier this month 30 to 10, and it’s been referred to the House Committee on Labor and Commerce. SB 391 would do the same thing as HB 149, but it would explictly prevent it from applying to police officers.

Once either measure passes both chambers it will be sent to Governor Glenn Youngkin for final consideration.

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