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Summary of differences between federal and state regulations
Medical marijuana
The use of medical cannabis is permitted for patients with serious medical conditions under the West Virginia Medical Cannabis Act. Serious medical conditions include cancer, Parkinson’s disease, epilepsy, multiple sclerosis, and Crohn’s disease. A patient, caregiver, or practitioner cannot be subject to arrest for lawful use of medical cannabis. Cannabis cannot be smoked.
Employers may not discharge, threaten, retaliate, refuse to hire or otherwise discriminate against an employee with regard to compensation, terms of employment, working conditions, or privileges solely on the basis of an employee’s status as a qualified medical marijuana user.
Employers are not required to accommodate the use of medical cannabis at the workplace. An employer may discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee’s conduct falls below the standard of care normally accepted for that position.
Recreational marijuana
West Virginia has no recreational marijuana laws.
State
Regulations
West Virginia Medical Cannabis Act, Code of West Virginia Chapter 16A
West Virginia Safer Workplace Act, Code of West Virginia Chapter 21-3E