Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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:
(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.
Cite this article: FindLaw.com - West Virginia Code Chapter 16A. Medical Cannabis Act § 16A-15-4. Protections for patients and caregivers - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-16a-medical-cannabis-act/wv-code-sect-16a-15-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)