FOR IMMEDIATE RELEASE: Hanover County, VA — November 3, 2025 — Holon Law Partners announced a significant legal victory in Morath v. Hanover County, Virginia (Case No. CL25001934-00), in which the Hanover County Circuit Court granted a preliminary injunction protecting a firefighter’s right to lawful off-duty medical cannabis use under Virginia law.
The injunction, issued by Hon. J. Overton Harris, enjoins Hanover County from disciplining, terminating, or otherwise discriminating against the firefighter, David Morath, for his off-duty use of medically prescribed cannabis oil. The Court found that Mr. Morath is likely to succeed on his claim that Virginia law protects lawful off-duty use of cannabis oil pursuant to a valid written certification, and that the County’s attempt to discipline him for such lawful use violated the Commonwealth’s statutory protections for medical cannabis patients. The ruling sends a clear message that public employers must respect state law and cannot rely on outdated federal prohibitions to justify punitive actions against employees who comply with Virginia’s medical cannabis program.
Court Affirms Virginia’s Commitment to State Law
In its detailed order entered October 6, 2025, the Court held that:
- The plaintiff demonstrated a legally viable claim and credible evidence supporting his right to medical use under state law.
- Hanover County’s actions were not justified by federal funding concerns or policy conflicts.
- The public interest favors protecting the right of Virginians to use legally prescribed medical cannabis products without fear of employment retaliation.
The injunction specifically restricts the County’s enforcement actions, stating that the firefighter’s lawful off-duty use—limited to cannabis oil as defined by statute—does not impair his performance or safety and must be accommodated consistent with Virginia law.
A Victory for Public Servants and State Sovereignty
“This case reinforces that Virginia law means something in Virginia, even when local governments try to hide behind outdated federal policies,” said Eric Postow, Managing Partner at Holon Law Partners. “Our client earned this protection through his service and his integrity. No firefighter or public servant should have to choose between their health and their career.”
“This ruling affirms that the laws of the Commonwealth must be respected,” said Jason Ehrenberg, Counsel at Holon Law Partners and co-counsel for the plaintiff. “The Court recognized that when Virginia enacts protections for medical cannabis patients, those protections apply across the Commonwealth — regardless of the county or employer.”
Setting a Statewide Precedent
This injunction marks one of the first major Virginia rulings affirming that local governments must comply with state medical cannabis protections. It underscores that public employees lawfully certified under Virginia’s medical cannabis program cannot be disciplined for off-duty use, provided it does not impair work performance or endanger others. The case establishes an important precedent for thousands of state and local employees who rely on prescribed medical cannabis products and reinforces the principle that state sovereignty and legislative intent must prevail in the face of conflicting federal attitudes.
This decision also provides practical guidance for municipalities and agencies navigating the intersection of employment policy and Virginia’s evolving cannabis framework. The Court’s analysis clarifies that compliance with state law is not optional and that public employers must evaluate employee conduct under the Commonwealth’s statutes, not conflicting federal preferences. The ruling thus encourages consistency, fairness, and lawful governance across Virginia’s public institutions.
Holon Law Partners, a national and Virginia-based firm known for its leadership in regulated industries and emerging legal frontiers, represented the plaintiff through its Litigation and Regulated Industries practice groups.
For additional information or media inquiries, please contact:
Eric Postow epostow@holonlaw.com
Jason Ehrenberg jehrenberg@holonlaw.com or litigation@holonlaw.com
