In a July 17th response to an inquiry from a representative of the Prince William Professional Firefighters about the use of marijuana by county firefighters, County Executive Chris Martino issued the following response:
“Thank you for sharing this concern that the BOCS received from NAME WITHHELD FOR PRIVACY regarding the impact Virginia’s new marijuana law has on county policy.
It is understandable that there are questions about the new law. It is one of the largest and most complex bills passed by the General Assembly due to the multiple parts and dates associated with it. It is important to note, however, that the law is related to recreational marijuana use and the ability for a person to use it in their private/personal settings. Therefore, in terms of workplace policies, it really does not change things. An employee may not be on duty while they are impaired by any controlled substance. To the extent that there is reasonable suspicion that an employee is under the influence of a substance while on duty, Section 9.1 – Drug and Alcohol, of the Personnel Policy will continue to apply.
However, if an employee has a prescription or written certification from a practitioner for lawful medicinal use of marijuana, the County will not discipline them for use in and of itself, as it is deemed legal. If the employee knows or should know that using marijuana as prescribed does or could interfere in any way with safety or the employee’s job performance, then the employee must immediately inform his or her supervisor. In these circumstances, the employee must produce a copy of the prescription. (Again, per Section 9.1 – Drug and Alcohol, of the Personnel Policy).
Even if the employee has written certification from a practitioner, though, the employee still must be able to perform his or her essential job functions while on duty. That is for their protection and safety and the safety of others.
I think it’s also important to point out that federal law has not changed and still considers marijuana a banned substance. This also creates confusion around the new law. It is my understanding, though, that the feds are looking into this more closely. So, this may change in the future.
Please know that we continue to analyze the ongoing changes related to this topic, and, as with any other issue, will continue to adapt our policies, as necessary. Toward that end, I established an employee work group a few weeks ago to thoroughly review this new legislation and the impact it will have, not only on our internal personnel policies and procedures, but on the community, as well. We will certainly update and amend our policies, practices, and procedures appropriately.
I hope this information is helpful. Please let me know if you would like to discuss further.
Thank you,
Chris”
Initial E-mail Below:
“Honorable Members of the Prince William County Board of Supervisors,
Almost 2 weeks ago Virginia joined a long list of states that lifted the longstanding prohibition of marijuana use by residents of the Commonwealth (HB 2312 & SB 1406). This decriminalization of possession, use, and growing of marijuana comes on the heels of cannabis oil protections for public safety employees suffering from PTSD (HB 1862)
On Wednesday, June 30th, Prince William County issued an announcement on the eve of Virginia’s decriminalization of marijuana. The announcement indicated that despite changes in State law, no county policies would be updated, nor was indication made that future changes would be analyzed. The announcement further reiterated that public safety employees would have a strict zero tolerance threshold for marijuana, thus nullifying the rights awarded by the recent State law change for this specific group of employees.
The County’s strategic plan and the recently adopted Fire and Rescue System strategic plan both highlight the importance of “protecting the protectors.” The value of medicinal cannabis use for PTSD, anxiety, sleep regulation, and mood regulation has been validated in many states throughout the country. As previously mentioned, Virginia itself recently adopted legislative protections for public safety officials who are dealing with PTSD. A healthy employee saves the county money now and in the future. We believe the zero tolerance stance must be revisited in order to tap into the documented benefits of cannabis use, specifically those who are often asked to endure the most challenging scenes that unfold in our community.
We implore the Board of County Supervisors to advocate for meaningful and progressive policies that allow its employees to enjoy the same rights of the citizens they serve. A measured approach is certainly warranted but the status quo cannot saddle true progress.
I look forward to having ongoing discussions with each of you about this issue as well as all issues affecting our work force.
I hope the summer is treating you well.
Respectfully,
NAME WITHHELD FOR PRIVACY”
NOTE: Supervisor Vega does not support allowing public safety personnel or any taxpayer funded employee to use drugs and alcohol while on the job.
– Coles District Staff