Virginia Alcohol & Drugs: What you need to know

Some states have comprehensive laws that regulate or prohibit alcohol and drug testing in private sector workplaces, but Virginia does not have any such statutes. Therefore, Virginia employers are free to implement drug and alcohol testing programs at their own discretion.

Some states have comprehensive laws that regulate or prohibit alcohol and drug testing in private sector workplaces, but Virginia does not have any such statutes. Therefore, Virginia employers are free to implement drug and alcohol testing programs at their own discretion. There is more information on developing these programs. Please see the national Alcohol and Drugs section.

State contractors. Every state contract over $10,000 must include a provision outlining drug-free workplace requirements. Contractors must agree to provide a drug-free workplace for the duration of the contract. Contractors also must (VA Code Sec. 2.2-4312):

• Post, in conspicuous places accessible by both employees and applicants, a statement noting that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken for violations of the prohibition.
• State in all solicitations or advertisements for employment that the contractor maintains a drug-free workplace.
• Include all of these provisions in every subcontract or purchase order over $10,000 so that the provisions will be binding upon each subcontractor or vendor.

Effective July 1, 2021, state law permits possession of cannabis products by a person certified for medical marijuana treatment (VA Code 18.2-250.1). The law was amended to expand ...