A city grievance panel has denied an appeal from a former Norfolk firefighter seeking to get his job back after being fired for medical marijuana use.

A three-member panel upheld the termination of firefighter Brandon Beltaine in a June 9 decision after he was fired in 2023 for medical marijuana use.

Beltaine has said he was unfairly targeted by the city and was protected by a drug policy the city changed after he informed them of his cannabis use. The firing is also now illegal under state law, which forbids discharging or discriminating against an employee for medical cannabis use.

In its decision, the grievance panel upheld the firing by citing the entirety of the city’s substance abuse policy, which at the time of Beltaine’s firing forbid the use of medical marijuana. The policy cited federal drug laws and the possibility of losing federal grant money as reasons for not allowing the practice.

Beltaine said the grievance panel ultimately did not review whether the policy itself was legal, but rather whether it was correctly used in the firing.

“They were like, ‘We’re not here to interpret state law,’” Beltaine said.

Beltaine said his next steps include appealing the decision in Circuit Court and filing a civil suit against the city.

Beltaine said he began using medical marijuana off the clock to help relieve anxiety, depression and other symptoms. In 2022, in accordance with city policy, he told the human resources department he had received a medical marijuana card from a doctor. He was later fired in 2023 after disclosing his medical marijuana usage during a yearly physical.

Beltaine said the city changed its policy to forbid medical marijuana after it learned about his usage. In response, the city said the policy was effectively changed in mid-2022, despite not being changed in writing until several months later.

Finally, the city again reversed its policy in 2024, asking medical marijuana users to notify human resources. The move coincided with Gov. Glenn Youngkin signing a law closing a loophole that left public sector employees out of medical marijuana job protections.

A city representative declined to comment on the grievance board’s decision.

Trevor Metcalfe, 757-222-5345, trevor.metcalfe@pilotonline.com