West Virginia

Status: Medical Use Only

Information provided is current as of August 16, 2024, and companies are encouraged to consult with legal counsel on these types of complex matters.

Cannabis Legalization History

Medical Use
Legalized - 2017 (Senate Bill 386)
Recreational Use
Not legal
Possession/Personal Use Specifics

West Virginia law limits medical cannabis possession to a 30-day supply. Patients and caregivers must carry a valid ID when in possession of medical cannabis, and cannabis must be kept in its original packaging.

Home cultivation of medical cannabis is not permitted in West Virginia. The state's medical cannabis program requires patients to purchase their medication from licensed dispensaries.

State Regulatory Agency Information

State Regulatory Agency
State Forms (If Applicable)
None Specified

State Testing Policy

General Information

West Virginia has specific laws regulating employer drug and alcohol testing. Employers can conduct preemployment, random, post-accident, and reasonable suspicion testing, but must adhere to accuracy and fairness safeguards.

*Remember, establishing robust documentation is a key risk mitigant for employers in states like West Virginia.

Safety Sensitive Positions

West Virginia defines safety-sensitive positions as those involving duties that directly affect the safety of government employees, the general public, or positions with access to controlled substances.

Privacy Laws

West Virginia law prioritizes employer rights in drug testing, allowing pre-employment, random, post-accident, and reasonable suspicion testing. While employees have limited privacy protections, employers must follow accuracy and fairness standards.