Office of Medical Cannabis
Office of Medical Cannabis

Rights & Responsibilities

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Office of Medical Cannabis registered patients and caregivers hold rights and responsibilities associated with their medical cannabis identification card. These rights and responsibilites are found in West Virginia State Code and established legislative rules. 

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Rights


​Employment: 

§16A-15-4 

​(1) Employers CANNOT discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee solely on the basis of such employee’s status as an individual who is certified to use medical cannabis.

​(2) Employers do NOT have to make accomodations to allow the use of medical cannabis on the property or premises of any place of employment.  

(3) Employers may discipline employee for being under the influence of medical cannabis in the workplace. 


​Protection:

§16A-15-4 

  • A patient or caregiver cannot be subject to arrest, prosecution, or penalty or denied any right or privlege SOLELY for the lawful use of medical cannabis.



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​Responsibilities​


Diversion & Retention: 

§​16A-12-3 &  §​16A-12-4

  • ​​A patient or caregiver CANNOT store or possess more than the legal amount of medical cannabis permitted.

  • A patient or caregiver CANNOT provide medical cannabis to a person not permitted to recieve medical cannabis.


Prohibitons: 

§16A-5-10​​

A patient may NOT, while under the influence of medical cannabis: 

      • ​​Be in control of: 
        • chemicals that require a permit. 
        • high-voltage electricity or other public utility.
        • vehicle, aircraft, train, boat, or heavy machinery. 
      • perform employment duties at heights or confined spaces. 
      • perform any task or duty in which: 
        • ​an employer deems life-threatening. 
        • could result in a public health or safety risk. 

​Travel:

  • Licensed patients and caregivers are prohibited from traveling outside of West Virginia with medical cannabis or medical cannabis products. ​
  • Driving while under the influence of any controlled substance or drug is illegal. ​Consuming medical cannabis can slow your reaction time and effect your attentiveness. Medical cannabis patients are not exempt from state or federal driving while imparied laws. 

Safe Storage:

  • ​Medical cannabis organizations must package and dispense medical cannabis in child-resistant packaging to patients and caregivers. 
  • ​Medical cannabis must be possessed and stored in its original container in which it was dispensed
  • Medical cannabis should be treated like medications dispensed through a licensed pharmacy - kept safely out of reach of children and pets. 
    • Suggestions for safe storage include:
      • ​Combination medicine lock box.
      • Use of cabinet lock if medical cannabis or medicine is stored in cabinet. ​
      • Money lock box.
      • Safe box.