A grievance panel in Norfolk has upheld the firing of firefighter Brandon Beltaine for his use of medical cannabis, denying his appeal for reinstatement. The decision, rendered on June 9, 2023, follows Beltaine’s dismissal earlier that year after he disclosed his medical marijuana use during a routine physical.
Beltaine claims the city unfairly targeted him after he reported his medical marijuana card, which he obtained in 2022 to manage symptoms of anxiety and depression. He argues that the city altered its drug policy to prohibit medical cannabis use after he disclosed his status.
At the time of his termination, the city’s substance abuse policy prohibited any medical marijuana use, citing federal drug laws and concerns over losing federal funding. However, recent state legislation now protects employees from discrimination based on medical cannabis use, rendering the firing potentially illegal.
Beltaine expressed frustration with the grievance panel’s focus, stating they did not assess whether the policy itself was legal, but merely whether it was applied correctly. ‘They were like, “We’re not here to interpret state law,”’ he said.
Following the grievance panel’s decision, Beltaine plans to appeal in Circuit Court and file a civil suit against the city. He had informed the human resources department of his medical marijuana use in compliance with what he believed to be the applicable policies.
The city asserts that its policy was effectively changed in mid-2022 to allow some medical marijuana use, but the formal written policy was not updated until months later. In 2024, the city reversed its position again, asking employees who use medical cannabis to notify human resources, aligning with new state laws that protect public sector employees from being fired for medical cannabis use.
A city representative declined to comment on the grievance board’s ruling, leaving Beltaine’s case in limbo as he seeks further legal recourse.
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