West Virginia Code 16A-15-4 – Protections for patients and caregivers
(a) Licensure. — None of the following shall be subject to arrest, prosecution or penalty in any manner, or denied any right or privilege, including civil penalty or disciplinary action by a state licensing board or commission, solely for lawful use of medical cannabis or manufacture or sale or dispensing of medical cannabis, or for any other action taken in accordance with this act:
Terms Used In West Virginia Code 16A-15-4
- Academic clinical research center: means . See West Virginia Code 16A-14-1
- Act: means the West Virginia Medical Cannabis Act and the provisions contained in §. See West Virginia Code 16A-2-1
- Arrest: Taking physical custody of a person by lawful authority.
- Caregiver: means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under §. See West Virginia Code 16A-2-1
- Clinical registrant: means an entity that:
(A) . See West Virginia Code 16A-14-1
- Financial backer: means an investor, mortgagee, bondholder, note holder, or other source of equity, capital, or other assets, other than a financial institution. See West Virginia Code 16A-2-1
- Medical cannabis: means cannabis for certified medical use as set forth in this act. See West Virginia Code 16A-2-1
- Medical cannabis organization: means a dispensary, grower, or processor. See West Virginia Code 16A-2-1
- Patient: means an individual who:
(A) Has a serious medical condition. See West Virginia Code 16A-2-1
- practitioner: means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §. See West Virginia Code 16A-2-1
- Principal: means an officer, director, or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has a controlling interest in an applicant or permittee, or who has the ability to elect the majority of the board of directors of an applicant or permittee, or otherwise control an applicant or permittee, other than a financial institution. See West Virginia Code 16A-2-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) A patient.
(2) A caregiver.
(3) A practitioner.
(4) A medical cannabis organization.
(5) A health care medical cannabis organization or university participating in a research study under article thirteen of this chapter.
(6) A clinical registrant or academic clinical research center under article fourteen of this chapter.
(7) An employee, principal or financial backer of a medical cannabis organization.
(8) An employee of a health care medical cannabis organization or an employee of a university participating in a research study under article thirteen of this chapter.
(9) An employee of a clinical registrant or an employee of an academic clinical research center under article fourteen of this chapter.
(b) Employment. —
(1) No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical cannabis.
(2) Nothing in this act shall require an employer to make any accommodation of the use of medical cannabis on the property or premises of any place of employment. This act shall in no way limit an employer’s ability to discipline an employee for being under the influence of medical cannabis in the workplace or for working while under the influence of medical cannabis when the employee’s conduct falls below the standard of care normally accepted for that position.
(3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of federal law.