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.
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.
See Discipline below
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 and possession of marijuana in the workplace may be prohibited.