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Virginia drug testing laws for employers

Virginia has no general drug testing law for private employers, but insurers must offer up to a 5% workers' comp discount for drug-free workplace programs that meet the insurer's criteria. Adult-use marijuana possession is legal, and licensed retail sales are set to start July 1, 2027. Employees who lawfully use medical cannabis oil are protected, with exceptions for impairment and federal rules.

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The state law

• Workers' comp insurers must give a premium discount of up to 5% to employers that run a drug-free workplace program meeting that insurer's criteria (Va. Code 65.2-813.2).
• Opting in gets you the discount only; each insurer sets its own program rules, and we found no state certification (Va. Code 65.2-813.2).
• We found no Virginia law that sets general testing procedures for private employers (no statute found).

Testing applicants

• We found no state law that limits applicant drug testing by private employers (no statute found).
• Defense industrial base employers do not have to hire an applicant who tests above 50 ng/ml THC in urine or 10 pg/mg in hair (Va. Code 40.1-27.4(C)).

Random testing

• We found no state law that limits random testing by private employers (no statute found).

Marijuana (recreational)

• Adults 21 and older may legally possess up to 2 ounces of marijuana (Va. Code 4.1-1100(A)).
• Retail sale laws in the state code take effect July 1, 2027 (Va. Code Title 4.1, ch. 11, sections marked effective July 1, 2027).
• You may not fire, discipline or discriminate against an employee for lawful use of medical cannabis oil under a practitioner's written certification (Va. Code 40.1-27.4(B)).
• You may still act on work impairment caused by cannabis oil and ban possession during work hours (Va. Code 40.1-27.4(C)).
• You do not have to break federal law or risk a federal contract or federal funding (Va. Code 40.1-27.4(C)).
• The protection does not cover law-enforcement officers (Va. Code 40.1-27.4(A)).
• The protection names cannabis oil; the medical program also covers botanical cannabis products, which the employment section does not name (Va. Code 40.1-27.4(A); 4.1-1600).
• We found no Virginia law that protects off-duty recreational marijuana use (no statute found).

Also good to know

• Public bodies must require contractors on contracts over $10,000 to keep a drug-free workplace, post a notice banning drugs and marijuana at work, and pass this on to subcontracts over $10,000 (Va. Code 2.2-4312).
• A confirmed positive test for a non-prescribed controlled substance under your known drug policy counts as misconduct that can deny unemployment benefits, if the lab or test meets the stated standards (Va. Code 60.2-618(2)(b)(1)).

Common questions

Some rules for Virginia weren't confirmed from an official source. Check with the state before relying on this page.

Sources

• Va. Code 65.2-813.2 (official Virginia LIS)
• Va. Code 40.1-27.4 (official Virginia LIS)
• Va. Code 4.1-1600 (official Virginia LIS)
• Va. Code 4.1-1100 (official Virginia LIS)
• Va. Code Title 4.1, ch. 11 table of sections (official Virginia LIS)
• Va. Code 2.2-4312 (official Virginia LIS)
• Va. Code 60.2-618 (official Virginia LIS)

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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