West Virginia § 16A-5-10 Prohibitions

West Virginia Statutes

§ 16A-5-10 — Prohibitions

West Virginia § 16A-5-10

Ch. 16AMEDICAL CANNABIS ACT

Art. 5PATIENTS

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Bluebook

W. Va. Code § 16A-5-10 (2026).

Text

The following prohibitions shall apply:

(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 d

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The following prohibitions shall apply:

(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.