Construction Law

The legalization of medical marijuana in West Virginia and Pennsylvania has raised important questions for contractors. While the laws protect employees who are registered medical cannabis patients, construction is a safety-sensitive industry where impairment cannot be taken lightly. Understanding how these laws apply on your jobsites is critical.

WEST VIRGINIA

Under West Virginia’s Medical Cannabis Act, employees cannot be denied a job or fired simply for holding a medical cannabis card. But that protection has limits.

• No On-the-Job Use – Employees cannot use, possess, or be under the influence of cannabis at the workplace, which includes facilities, property, or vehicles.
• Safety-Sensitive Roles – Contractors can prohibit cardholders from performing safety-sensitive tasks like operating heavy machinery or working at heights or in confined spaces (including mining).
• Testing Authority – West Virginia’s Safer Workplace Act allows private employers with a written policy to drug test employees for reasonable suspicion of impairment and provides protections to those who follow the law.

PENNSYLVANIA

Pennsylvania’s Medical Marijuana Act (Act 16) protects registered patients from discrimination in the workplace, but it also places clear restrictions on what employees can do while under the influence:

• THC Limits – Employees with more than 10 nanograms of THC per milliliter of blood serum may not operate or control chemicals requiring federal or state permits, or work with high-voltage electricity or other public utilities.
• Safety-Sensitive Roles – Contractors may prohibit employees from performing high-risk tasks – such as working at heights, in confined spaces (including mining), or in roles deemed life-threatening or a public safety risk – if they are under the influence.
• Employer Authority – Act 16 allows employers to take disciplinary action if an employee is impaired at work or if their conduct falls below the standard of care expected for their position.

WHY LEGAL GUIDANCE MATTERS

Medical marijuana laws in West Virginia and Pennsylvania are complex and continue to evolve. For contractors, the key is balancing employee protections with jobsite safety.  To do this effectively:

• Review and update your policies so they address medical marijuana directly.
• Clearly define safety-sensitive positions such as driving, operating heavy equipment, or working at heights.
• Train supervisors to recognize and document signs of impairment and follow written testing procedures.
• Prioritize compliance and safety while respecting employee protections under state law.

Our Construction Law Team serves clients across West Virginia, Southwestern Pennsylvania, and the surrounding region and can help you navigate the evolving medical marijuana laws that impact your workforce. Whether you need assistance drafting workplace policies, addressing employee issues, or ensuring compliance on safety-sensitive jobsites, contact Bowles Rice today for guidance tailored to your business needs.