Norfolk firefighter who lost his job over medical marijuana use challenges firing after change in Virginia law
For as long as he can remember, Brandon Beltaine wanted to be a firefighter. He grew up watching the 1991 film 'Backdraft' and took pride in people who worked hard.
'There's not people that work harder than those who are trying to save somebody's life,' Beltaine said.
Beltaine attained that dream, completing the fire academy and started working as a Norfolk firefighter in 2018.
But Beltaine's career is now in jeopardy. He was fired in 2023 for medical marijuana use off the job — a dismissal that would now be illegal under changes made to Virginia law last year.
In an effort to get his job back, Beltaine has filed a grievance with the city challenging his firing, which will be heard this week. He argues the city unfairly targeted him and he was protected by a policy the city changed after he informed them of his medical cannabis use.
Beltaine detailed a timeline of events related to his medical marijuana use and firing and provided The Virginian-Pilot with copies of Norfolk human resources polices related to substance abuse in place at those times.
According to the policy documents provided, medical marijuana use was not a fireable offense at the time Beltaine alerted the city to his medical marijuana use in 2022. Rather, updated policies show the city changed the policy to forbid medical marijuana in 2023 after interactions began between Beltaine and human resources workers. The documents show the policy was changed yet again in July 2024 to allow employee medical cannabis use after Beltaine's firing.
The city declined to comment on Beltaine's firing but argued the policy forbidding medical cannabis was communicated to employees in mid-2022, despite not becoming a written policy until May 2023.
Marijuana is still a Schedule 1 substance under federal law, which forbids its manufacture, distribution, dispensation, and possession. However, the drug became quasi-legal in Virginia in 2021, when former Gov. Ralph Northam signed a law making possession of up to an ounce of marijuana legal. Still, retail sales of cannabis remain illegal under state law.
A separate medical marijuana program was initially established for epilepsy patients in 2015 and expanded to other conditions by the legislature in 2018, according to the Virginia Cannabis Control Authority. Patients can receive a certification from a medical practitioner and then purchase cannabis from a state-licensed dispensary.
Beltaine, who struggles with depression, anxiety and ADHD, said he self-medicated with alcohol for years before getting sober. Other treatment for his depression and anxiety, like the medicines called selective serotonin reuptake inhibitors, caused side effects like gastrointestinal issues and problems with thermoregulation.
After receiving his medical cannabis certificate in May 2022, Beltaine said the substance helped him relax in the evenings after a stressful shift at the fire station.
But issues with the city began almost immediately. In August 2022, after Beltaine emailed the city informing them of his medical card, a city official emailed back saying the cards would not be exempt from the city's substance abuse policy, according to a city-authored timeline Beltaine provided to The Pilot.
The position came despite a city policy enacted in July 2021 that said medical cannabis was not a violation of the policy per se, but should be communicated to the city's human resources department. Beltaine said he was following that policy by sending the August 2022 email notification.
Beltaine remained transparent about his medical marijuana use with the city but declined to stop, believing he was protected by the city policy.
In May 2023, Beltaine noted on a yearly physical that he used medical cannabis. After a positive drug test, the city instructed him to again stop using the drug. After declining, Beltaine was fired in October 2023.
Also on a May 1, 2023-dated document, the city updated its substance abuse policy to include medical marijuana as a fireable offense. However, Beltaine said the old policy allowing medical marijuana was still online until at least May 12, 2023. The amended document cites federal drug laws and the possibility of losing federal grant money as reasons for disallowing medical cannabis.
In an emailed statement, the city said even though the policy was not changed in writing until May 1, 2023, it was effectively changed in mid-2022, around the time Beltaine first contacted human resources.
'Employees were advised that the policy document itself would be updated to reflect that the use of medical marijuana was not permissible,' according to the statement.
Beltaine did not dispute the city's account, but again noted it took months for the written policy to be updated.
State law on the issue was also evolving as Beltaine challenged city policy. A 2021 state law protected private sector employees from retaliation for medical marijuana use, but the law unintentionally left out public sector employees, according to bill sponsor Del. Dan Helmer, D-Fairfax. The General Assembly opted to close that loophole and passed legislation in 2024 that protected public sector employees from retaliation for medical cannabis use.
'Virginia law is clear in providing explicit employment protections for medical cannabis patients,' said Virginia NORML Executive Director JM Pedini in an email. 'No employer is permitted to discharge, discipline, or discriminate against an employee for their lawful use of medical cannabis.'
After the law went into effect in July 2024, Norfolk changed its policy on medical marijuana yet again. The city confirmed it reverted back to asking medical cannabis patients to contact the city human resources department.
Other Hampton Roads cities also have policies that comply with the state law. In Chesapeake, fire department policy states that the city won't discipline, discharge or discriminate against employees' lawful use of cannabis oil as long as they have a valid written certification from a health care practitioner. Those who have a valid written certification are still subject to the city's reasonable suspicion, post-accident and random testing procedures.
In Virginia Beach, the drug policy is similar, stating that the city will not discharge, discipline, or discriminate against an employee for the lawful use of cannabis as prescribed in the medical cannabis program. Portsmouth's administrative manual also authorizes medical marijuana with written certification for treatment.
Kurt Detrick, district representative for the Virginia Professional Fire Fighters union, said he's seen firsthand how medical cannabis can help reverse alcohol and drug abuse among his profession and aid with anxiety, depression and post-traumatic stress disorder.
'There are some reasons for it that are helpful, and they're being responsible with it, and Brandon was being responsible with it,' Detrick said.
Beltaine is still fighting for his job. He will attend a grievance hearing with the city on June 4. If he is unsuccessful, he said he plans to file a civil suit.
'They teach us that we're supposed to have integrity,' Beltaine said about continuing his fight. 'It's one of our core values.'
Trevor Metcalfe, 757-222-5345, trevor.metcalfe@pilotonline.com
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