For Brandon Beltaine, becoming a firefighter was a lifelong ambition, fueled by the film “Backdraft” and a deep respect for those who dedicate themselves to saving lives. “There’s not peopel that work harder than those who are trying to save somebody’s life,” Beltaine said.

After graduating from the fire academy, Beltaine began his career as a Norfolk firefighter in 2018. However, his career was cut short in 2023 when he was fired for off-duty medical marijuana use – a decision that would now be considered illegal under recent changes to Virginia law.

Beltaine is now fighting to get his job back, filing a grievance against the city, arguing that he was unfairly targeted. His case centers around the claim that the city altered its policy regarding medical cannabis after he disclosed his usage.

Beltaine provided documentation to 🔶TARGET_SITE outlining a timeline of events, including copies of Norfolk human resources policies concerning substance abuse. These documents suggest that medical marijuana use was not a fireable offense when Beltaine first informed the city of his medical cannabis use in 2022. The city’s policies were reportedly updated in 2023 to prohibit medical marijuana after Beltaine’s initial disclosure. Further changes in July 2024 then reversed this policy, allowing employee medical cannabis use after Beltaine’s termination.

While the city declined to comment on the specifics of beltaine’s firing, they maintain that the policy forbidding medical cannabis was communicated to employees in mid-2022, even though it wasn’t formally writen until May 2023.

The Use of Medical Marijuana

Despite state-level changes, marijuana remains classified as a Schedule 1 substance under federal law, making its manufacture, distribution, and possession illegal. However, Virginia has made strides toward decriminalization. In 2021,then-Gov. Ralph Northam signed a law legalizing the possession of up to one ounce of marijuana, though retail sales remain prohibited under state law.

Virginia established a medical marijuana program initially for epilepsy patients in 2015, later expanding it to include other conditions in 2018, according to the Virginia Cannabis Control Authority. Patients can obtain a certification from a medical practitioner and purchase cannabis from state-licensed dispensaries.

Beltaine, who has struggled with depression, anxiety, and ADHD, turned to medical cannabis after years of self-medicating with alcohol. He found that traditional treatments like selective serotonin reuptake inhibitors (SSRIs) caused unwanted side effects.

After receiving his medical cannabis certificate in May 2022, Beltaine found that it helped him relax after stressful shifts at the fire station.

However, his issues with the city began soon after. Following his email informing the city of his medical card in August 2022, a city official responded that these cards would not be exempt from the city’s substance abuse policy, according to a timeline provided by Beltaine.

This stance contradicted a city policy enacted in July 2021, which stated that medical cannabis use was not a violation per se, but should be communicated to the human resources department. Beltaine believed he was adhering to this policy by sending the notification.

Beltaine remained obvious about his medical marijuana use,believing he was protected by the existing city policy.

In May 2023, he disclosed his medical cannabis use during a yearly physical.Following a positive drug test, the city instructed him to cease using the drug. After he declined, Beltaine was terminated in October 2023.

On May 1, 2023, the city updated its substance abuse policy to include medical marijuana as a fireable offense. However, Beltaine claims the previous policy allowing medical marijuana remained accessible online until at least May 12, 2023. The updated policy cited federal drug laws and the potential loss of federal grant money as justification for disallowing medical cannabis.

In an email, the city stated that while the written policy wasn’t updated until May 1, 2023, the change was effectively communicated in mid-2022, around the time Beltaine initially 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 city’s statement.

Beltaine acknowledges the city’s account but reiterates that the written policy was not updated for several months.

“There’s not people that work harder than those who are trying to save somebody’s life,”