West Virginia Code 16A-5-10 – Prohibitions
The following prohibitions shall apply:
Terms Used In West Virginia Code 16A-5-10
- Medical cannabis: means cannabis for certified medical use as set forth in this act. 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
- Permit: means an authorization issued by the bureau to a medical cannabis organization to conduct activities under this act. 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 may not operate or be in physical control of any of the following while under the influence with a blood content of more than three nanograms of active tetrahydrocannabis per milliliter of blood in serum:
(A) Chemicals which require a permit issued by the Federal Government or a state government or an agency of the Federal Government or a state government.
(B) High-voltage electricity or any other public utility.
(C) Vehicle, aircraft, train, boat or heavy machinery.
(2) A patient may not perform any employment duties at heights or in confined spaces, including, but not limited to, mining while under the influence of medical cannabis.
(3) A patient may be prohibited by an employer from performing any task which the employer deems life-threatening, to either the employee or any of the employees of the employer, while under the influence of medical cannabis. The prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.
(4) A patient may be prohibited by an employer from performing any duty which could result in a public health or safety risk while under the influence of medical cannabis. The prohibition shall not be deemed an adverse employment decision even if the prohibition results in financial harm for the patient.