Drugs, Alcohol and Smoking: West Virginia

Federal law and guidance on this subject should be reviewed together with this section.

Author: XpertHR Editorial Team

Summary

• West Virginia employers may implement drug-free workplace policies. See Drugs and Alcohol.
• The West Virginia Medical Cannabis Act permits the use of medical marijuana by registered patients with a serious medical condition. See Medical Marijuana.
• Employers may implement and enforce policies that prohibit the use, sale, possession, distribution, purchase and cultivation of drugs and alcohol in the workplace. See Drug and Alcohol Policies.
• Employers in West Virginia are not prohibited from conducting drug and alcohol testing of employees and job applicants. Employers that choose to conduct drug and alcohol testing in compliance with the West Virginia Safer Workplace Act gain protection against certain legal claims. See Drug and Alcohol Testing.
• Smoking is prohibited in certain workplace if proper signage is posted. See Smoking.
• Employers are not required to have a smoking policy but may implement one that prohibits smoking in the workplace. See Smoking Policies.
• Charleston has requirements pertaining to discrimination based on current alcohol and drug use. See Local Requirements.