Virgin Islands - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

No employer is required to allow the consumption of cannabis in any workplace or 35 to allow any employee to work while under the influence of Medical Cannabis.  Similarly, a Qualified Patient shall not be protected from sanctions for engaging in activities under the influence of Medical Cannabis in a manner that is a violation of  a privileged license. However, a registered Qualified Patient shall not be considered  to be under the influence of Medical Cannabis solely because of the presence of  metabolites or components of cannabis that appear in sufficient concentration to cause impairment.

The unlawful manufacture, distribution, disposing, possession, or use of controlled substances or misuse of alcohol can be  prohibited for all employees.

Testing

Drug screen collections are available in the Virgin Islands with specimens being sent to US mainland for testing.  There will be additional expense due to shipping.  Marijuana be included or excluded for Non-DOT drug testing programs.  Most drug testing in the Virgin Islands is for Amphetamines, Barbiturates, Benzodiazepines, Cocaine, Opiates, Oxycodone, Phencyclidine, THC (Marijuana and Cannabinoids), Methadone, and Methamphetamine.

Hiring/Termination

See Discipline below

Discipline

An employer may discipline an employee for violation of a workplace drug policy or for working while under the influence of Cannabis. An employer may discharge, discipline, or  otherwise take adverse employment action against a person with respect to tenure, terms, conditions, or privileges of employment because of that person’s violation of 16 a workplace drug policy during work hours or in the workplace.

Use caution when taking adverse action against an applicant employee simply because of a positive marijuana test with no indications or proof of impairment.

This does not prohibit the employer from taking any disciplinary action otherwise consis-tent with local, state, or federal law.

Use/Possession

Use and possession of marijuana in the workplace may be prohibited.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)

Sources

(e.g., Bill Number, Authority)
Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).

Drug Testing in Virgin Islands

Testing locations are available in all areas. For immediate service for employers or individuals call 866-843-4545 or Order Now.

Drug Testing Laws for Virgin Islands

No two states have same the same drug testing State Laws – Check out state laws for Drug Testing.