Are medical marijuana users exempt from drug testing?

In Virginia, medical marijuana users are not exempt from drug testing. Drug testing is often used as a way to detect illegal or prohibited substances, as well as for certain medical purposes. Therefore, medical marijuana users in Virginia may be subject to drug testing required by their employer, school, or other institution. The Virginia Board of Pharmacy, which regulates pharmacies, dispensaries, and physicians that dispense and prescribe medical marijuana, requires drug tests for employees or applicants of pharmacies, dispensaries, and other establishments associated with the dispensing of medical marijuana. Additionally, other employers may require drug tests as part of their employment policies. While state law does not specifically exempt medical marijuana users from drug testing, a measure passed in 2020–HB 477–contains language that prohibits any state or local agency from enrolling someone in a drug abuse treatment program when the only drug found is marijuana and the person is a registered medical marijuana user. Additionally, state laws prohibit discrimination against medical marijuana users by employers. Overall, medical marijuana users in Virginia are not exempt from drug testing. However, there are safeguards in place to protect medical marijuana users and ensure that they are not discriminated against.

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