{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-27.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-27.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-27.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-27.4.html"}],"law_id":78662,"edition_id":1,"section_id":78662,"structure_id":13640,"section_number":"40.1-27.4","catch_line":"Discipline for employee’s medicinal use of cannabis oil prohibited","history":"2021, Sp. Sess. I, c. 395; 2023, cc. 740, 773; 2024, cc. 632, 674.","full_text":"A\n\nAs used in this section:\n\t\t\t“Cannabis oil” means the same as that term is defined in § 4.1-1600.\n\t\t\t“Employee” means the same as that term is defined in § 40.1-2, except that for the purposes of this section, “employee” does not include any law-enforcement officer, as defined in § 9.1-101.\n\t\t\t“Employer” means the same as that term is defined in § 40.1-2, except that for the purposes of this section, “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\n\nNo 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 pursuant to § 4.1-1601.C\n\nNotwithstanding 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 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.","order_by":null,"text":{"0":{"id":281865,"text":"As used in this section:\n\t\t\t“Cannabis oil” means the same as that term is defined in § 4.1-1600.\n\t\t\t“Employee” means the same as that term is defined in § 40.1-2, except that for the purposes of this section, “employee” does not include any law-enforcement officer, as defined in § 9.1-101.\n\t\t\t“Employer” means the same as that term is defined in § 40.1-2, except that for the purposes of this section, “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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281866,"text":"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 pursuant to § 4.1-1601.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281867,"text":"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 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13640,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12777,"metadata":{},"date_created":"2026-06-26 03:45:27","date_modified":"2026-06-26 03:45:27","permalink":{"id":219807,"object_type":"structure","relational_id":13640,"identifier":"1","token":"40.1\/3\/1","url":"\/40.1\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12777,"edition_id":1,"name":"Protection of Employees","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219805,"object_type":"structure","relational_id":12777,"identifier":"3","token":"40.1\/3","url":"\/40.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and 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agreements","url":"\/40.1-22.1\/","token":"40.1\/3\/1\/40.1-22.1","metadata":false},{"id":64288,"structure_id":13640,"section_number":"40.1-23","catch_line":"Repealed","url":"\/40.1-23\/","token":"40.1\/3\/1\/40.1-23","metadata":false},{"id":66063,"structure_id":13640,"section_number":"40.1-26","catch_line":"Repealed","url":"\/40.1-26\/","token":"40.1\/3\/1\/40.1-26","metadata":false},{"id":56917,"structure_id":13640,"section_number":"40.1-27","catch_line":"Preventing employment by others of former employee","url":"\/40.1-27\/","token":"40.1\/3\/1\/40.1-27","metadata":false},{"id":54740,"structure_id":13640,"section_number":"40.1-27.1","catch_line":"Discharge of employee for absence due to work-related injury prohibited","url":"\/40.1-27.1\/","token":"40.1\/3\/1\/40.1-27.1","metadata":false},{"id":74658,"structure_id":13640,"section_number":"40.1-27.2","catch_line":"Preference for veterans and 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employee","url":"\/40.1-28.7_3\/","token":"40.1\/3\/1\/40.1-28.7_3","metadata":false},{"id":54612,"structure_id":13640,"section_number":"40.1-28.7:4","catch_line":"Release of employee's personal identifying information","url":"\/40.1-28.7_4\/","token":"40.1\/3\/1\/40.1-28.7_4","metadata":false},{"id":79093,"structure_id":13640,"section_number":"40.1-28.7:5","catch_line":"Social media accounts of current and prospective employees","url":"\/40.1-28.7_5\/","token":"40.1\/3\/1\/40.1-28.7_5","metadata":false},{"id":80547,"structure_id":13640,"section_number":"40.1-28.7:6","catch_line":"Employers to allow leave for volunteer members of Civil Air Patrol; civil remedy","url":"\/40.1-28.7_6\/","token":"40.1\/3\/1\/40.1-28.7_6","metadata":false},{"id":81771,"structure_id":13640,"section_number":"40.1-28.7:7","catch_line":"Misclassification of workers","url":"\/40.1-28.7_7\/","token":"40.1\/3\/1\/40.1-28.7_7","metadata":false},{"id":64853,"structure_id":13640,"section_number":"40.1-28.7:8","catch_line":"Covenants not to compete prohibited; exceptions; civil penalty","url":"\/40.1-28.7_8\/","token":"40.1\/3\/1\/40.1-28.7_8","metadata":false},{"id":58507,"structure_id":13640,"section_number":"40.1-28.7:9","catch_line":"Limiting employees' sharing wage information with other persons prohibited; civil penalty","url":"\/40.1-28.7_9\/","token":"40.1\/3\/1\/40.1-28.7_9","metadata":false}],"previous_section":{"id":82455,"structure_id":13640,"section_number":"40.1-27.3","catch_line":"Retaliatory action against employee prohibited","url":"\/40.1-27.3\/","token":"40.1\/3\/1\/40.1-27.3","metadata":false},"next_section":{"id":70077,"structure_id":13640,"section_number":"40.1-28","catch_line":"Unlawful to require payment for medical examination as condition of employment","url":"\/40.1-28\/","token":"40.1\/3\/1\/40.1-28","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-27.4\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2023, chapters 740<\/a> and 773<\/a>; in 2024, chapters 632<\/a> and 674<\/a>.<\/p>","references":false,"refers_to":[{"id":58467,"section_number":"4.1-1600","catch_line":"Definitions","order_by":null,"url":"\/4.1-1600\/"},{"id":55221,"section_number":"40.1-2","catch_line":"Definitions","order_by":null,"url":"\/40.1-2\/"},{"id":73488,"section_number":"9.1-101","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/9.1-101\/"}],"permalink":{"id":219841,"object_type":"law","relational_id":78662,"identifier":"40.1-27.4","token":"40.1\/3\/1\/40.1-27.4","url":"\/40.1-27.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-27.4\/","token":"40.1\/3\/1\/40.1-27.4","dublin_core":{"Title":"Discipline for employee’s medicinal use of cannabis oil prohibited","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-27.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Cannabis oil<\/span>” means the same as that term is defined in § 4.1-1600<\/a>.\n\t\t\t“Employee<\/span>” means the same as that term is defined in § 40.1-2<\/a>, except that for the purposes of this section, “employee<\/span>” does not include any law<\/span>-enforcement officer, as defined in § 9.1-101<\/a>.\n\t\t\t“Employer<\/span>” means the same as that term is defined in § 40.1-2<\/a>, except that for the purposes of this section, “employer<\/span>” 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No employer<\/span> shall discharge, discipline, or discriminate against an employee<\/span> for such employee<\/span>’s lawful use of cannabis oil<\/span> under the laws<\/span> of the Commonwealth pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee<\/span>’s diagnosed condition or disease pursuant to § 4.1-1601<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, nothing in this section shall (i) restrict an employer<\/span>’s ability to take any adverse employment action for any work impairment caused by the use of cannabis oil<\/span> or to prohibit possession<\/span> during work hours, (ii) require an employer<\/span> to commit any act that would cause the employer<\/span> to be in violation of federal law<\/span> or that would result in the loss of a federal contract<\/span> or federal funding, or (iii) require any defense industrial base sector employer<\/span> or prospective employer<\/span>, as defined by the U.S. Cybersecurity and Infrastructure Security Agency, to hire or retain any applicant or employee<\/span> who tests positive for tetrahydrocannabinol (THC) in excess of 50 ng\/ml for a urine test or 10 pg\/mg for a hair test. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCIPLINE FOR EMPLOYEE’S MEDICINAL USE OF CANNABIS OIL PROHIBITED (\u00a7\n40.1-27.4)\n\nA. As used in this section:\n\t\t\t“Cannabis oil” means the same as that term is defined in §\n4.1-1600.\n\t\t\t“Employee” means the same as that term is defined in §\n40.1-2, except that for the purposes of this section, “employee”\ndoes not include any law-enforcement officer, as defined in § 9.1-101.\n\t\t\t“Employer” means the same as that term is defined in §\n40.1-2, except that for the purposes of this section, “employer”\nalso includes the Commonwealth, any county, city, town, or other political\nsubdivision thereof, and any agency of the Commonwealth or such county, city,\ntown, or political subdivision.\n\nB. No employer shall discharge, discipline, or discriminate against an employee\nfor such employee’s lawful use of cannabis oil under the laws of the\nCommonwealth pursuant to a valid written certification issued by a practitioner\nfor the treatment or to eliminate the symptoms of the employee’s diagnosed\ncondition or disease pursuant to § 4.1-1601.\n\nC. Notwithstanding the provisions of subsection B, nothing in this section shall\n(i) restrict an employer’s ability to take any adverse employment action\nfor any work impairment caused by the use of cannabis oil or to prohibit\npossession during work hours, (ii) require an employer to commit any act that\nwould cause the employer to be in violation of federal law or that would result\nin the loss of a federal contract or federal funding, or (iii) require any\ndefense industrial base sector employer or prospective employer, as defined by\nthe U.S. Cybersecurity and Infrastructure Security Agency, to hire or retain any\napplicant or employee who tests positive for tetrahydrocannabinol (THC) in\nexcess of 50 ng\/ml for a urine test or 10 pg\/mg for a hair test.\n\nHISTORY: 2021, Sp. Sess. I, c. 395; 2023, cc. 740, 773; 2024, cc. 632, 674.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}