Virginia Employers: Don’t Ask About Being Busted for Marijuana Possession

    August 15, 2020, 12:15 PM

    Virginia employers are now prohibited from seeking information regarding charges, arrests, or convictions related to the possession of marijuana under Virginia Code section 19.2-389.3. The law forbids most employers from requiring applicants in applications, interviews, or otherwise to disclose information related to arrests, charges, or convictions for simple possession of marijuana. Ironically, while it’s no longer a misdemeanor here to possess marijuana, an employer that asks about criminal background information about pot possession may be subject to a Class 1 misdemeanor.

    This law does NOT, however, prevent a private employer from testing for marijuana use during the hiring process or the employment relationship, or from seeking information related to any other marijuana-related criminal offenses. Employers should review their employment applications, background authorizations, employment agreements, and hiring procedures to ensure compliance.