West Virginia Code § 16A-5-10

Prohibitions
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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 healthL 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 ha rm for the patient.

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