Are medical marijuana users exempt from drug testing?

In Virginia, the answer to whether medical marijuana users are exempt from drug testing is complicated and ultimately depends on the circumstances surrounding the drug test. The Virginia Department of Health Professions has stated that medical marijuana laws in the state do not exempt a person from being drug tested. Drug tests testing for marijuana use may be conducted during the course of employment if the employer chooses to do so. However, there are certain exceptions to drug testing depending on the type of job. If the job is regulated by the federal government, drug testing for marijuana use is prohibited. On the other hand, the 2017 Virginia Medical Cannabis Act states that no person shall be subject to disciplinary action for “lawful” use of marijuana. This may give some medical marijuana users certain protections from drug tests if their use is deemed “lawful” in the eyes of the law. Ultimately, the question of whether or not medical marijuana users are exempt from drug testing in Virginia depends on the situation and the type of drug testing being done. Marijuana use is still considered illegal under federal law, and so drug tests for marijuana use are still permitted in some circumstances. On the other hand, under certain conditions, medical marijuana users in Virginia may have certain protections from drug tests.

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Are medical marijuana users exempt from drug testing?

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