Virginia drug testing laws for employers: pre-employment testing rules (2026)

Virginia has no statute setting procedures for private-employer drug tests, so employers may test job applicants under their own written policy. The main state limit is Va. Code § 40.1-27.4, which bars discharging, disciplining or discriminating against an employee for lawful use of cannabis oil under a practitioner's written certification, with exceptions for work impairment, federal requirements and defense industrial base employers. Adults 21 and older may possess marijuana, and retail sales begin July 1, 2027, but no statute protects adult-use consumers in hiring, as of October 2026.

Virginia drug testing rules at a glance

Does Virginia have a drug testing law for employers?

Not a general one. Virginia sets no notice form, laboratory standard, confirmation step or retest right for private-employer drug tests, unlike Minnesota. Your written policy is the procedure, and it should cover when you test (after a conditional offer is the cleanest point), which drugs, the laboratory and medical review officer you use, how a candidate reports a prescription or a cannabis oil certification, and what happens after a confirmed positive. The state statutes below then limit what you may do with a THC result, and add duties for public contractors.

What does Virginia's cannabis oil law mean for hiring?

Section 40.1-27.4(B) says: "No employer shall discharge, discipline, or discriminate against an employee for such employee's lawful use of cannabis oil" under a valid written certification issued by a practitioner under § 4.1-1601. Key details:

• What "cannabis oil" means. The definition in § 4.1-1600 covers processed Cannabis plant extract acquired by a pharmaceutical processor, containing, except as the chapter otherwise provides, no more than 10 milligrams of THC per dose. The same section separately defines "botanical cannabis"; section 40.1-27.4 names only cannabis oil.
• Who is covered. "Employer" includes private employers under § 40.1-2 and also the Commonwealth and its localities and agencies. "Employee" excludes law-enforcement officers (§ 40.1-27.4(A)).
• Applicants. Subsection B speaks of employees. Only the defense-sector exception in subsection C mentions an "applicant" and a "prospective employer." The safer course is to treat a candidate who shows a valid certification as protected unless an exception applies.

Section 40.1-27.4(C) lists what the protection does not do. It does not:

1. restrict an employer's ability to take adverse action "for any work impairment caused by the use of cannabis oil," or to prohibit possession during work hours;
2. require an employer to violate federal law or to do anything "that would result in the loss of a federal contract or federal funding"; or
3. 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."

That third exception matters for Virginia's defense contractors. If you hire for a defense industrial base employer, write the thresholds into the policy so the decision rests on the statute's numbers, and record the sample type.

The Virginia Cannabis Control Authority runs the medical cannabis program and regulates adult-use marijuana.

Does Virginia's adult-use law protect job applicants?

We found no such protection. Adults 21 and older "may lawfully possess" up to two ounces of marijuana under § 4.1-1100. The retail market was enacted through the 2026 Special Session I budget (Chapter 1, HB 30, enacted June 29, 2026) after the Governor vetoed the stand-alone retail bills, and the Division of Legislative Services' August 17, 2026 overview says retail marijuana sales begin July 1, 2027. The Cannabis Control Act in Title 4.1, Subtitle II, which regulates possession, licensing and sales, contains no hiring protection for adult-use consumers that we could find. Its employee drug screening rule runs the other way: § 4.1-1602(L) requires pharmaceutical processors and cannabis dispensing facilities to adopt pre-employment and random drug screening policies for their own employees.

So a THC positive from a candidate without a cannabis oil certification can be handled like any other positive under your policy. Ask about a certification before you act, because the answer decides which rule applies.

What do Virginia public contractors have to do?

Section 2.2-4312 of the Virginia Public Procurement Act requires every public body to include in each contract over $10,000 a clause by which the contractor agrees, during performance, to:

1. provide a drug-free workplace for its employees;
2. post, where employees and applicants can see it, a statement that the unlawful manufacture, sale, distribution, dispensation, possession or use of a controlled substance or marijuana is prohibited, and the actions taken for violations;
3. "state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace"; and
4. include the same provisions in every subcontract or purchase order over $10,000.

The clause does not require testing, but it does change job ads, which is where recruiters come in.

Which federal rules still apply in Virginia?

• DOT-regulated roles follow 49 CFR Part 40; a commercial driver needs a verified negative pre-employment result before the first safety-sensitive function (49 CFR 382.301). Section 40.1-27.4(C) does not require an employer to break federal law.
• Rescheduling. The April 28, 2026 order moved FDA-approved and state-medical-license marijuana to Schedule III; it does not cover adult-use marijuana. DOT's Part 40 guidance (May 15, 2026) says a state-licensed marijuana product still cannot make a DOT positive negative, and 49 CFR 40.151(e) says the same of a practitioner recommendation.
• Federal contractors need the policy statement and awareness program in the FAR Drug-Free Workplace clause, separate from the state procurement clause.
• The ADA: see pre-employment medical exams under the ADA.

What should staffing agencies placing workers in Virginia do?

• Add the drug-free statement to public contract ads. Section 2.2-4312 covers advertisements "placed by or on behalf of the contractor," which includes an agency recruiting for a contractor on a public body contract over $10,000. Ask clients whether an order is public contract work.
• Flag defense industrial base clients. The THC thresholds in § 40.1-27.4(C)(iii) apply to those employers and prospective employers only; do not apply them to other orders.
• Handle certifications privately. Ask for a cannabis oil certification only after a THC positive, and keep it with the medical file, not the candidate profile.
• Licensing, background checks and onboarding: see Virginia staffing agency licensing, Virginia background check laws and hiring employees in Virginia.

A checklist before you test a candidate in Virginia

1. Adopt a written policy that sets timing, panel, laboratory and medical review.
2. Before acting on a THC positive, ask whether the candidate holds a valid written certification for cannabis oil.
3. For defense industrial base employers, apply the 50 ng/ml urine and 10 pg/mg hair thresholds.
4. For public contracts over $10,000, post the notice and add the drug-free workplace line to every job ad.
5. Keep DOT drivers in the federal program.

Draft the policy from the pre-employment drug testing policy template, and compare states in drug testing laws in hiring.