The West Virginia Supreme Court has ruled against a coal miner and reinstated the temporary suspension of his miner certifications after he tested positive for marijuana metabolites (“THC”) on a random drug screen. The coal miner contested his suspension by the WV Office of Miners Health, Safety and Training, claiming the positive drug screen was due to his use of CBD oils, a legal substance in West Virginia. The Court noted that this was its first opportunity to evaluate the “intent” argument as it relates to CBD products. In a narrow 3-2 decision, the Supreme Court held the coal miner had not properly contested the test results, and his claim that he had used CBD oils was not a defense to his positive drug test. The Court stressed that while the West Virginia Legislature has authorized the sale of CBD products, the applicable statutes and rules provided no authority to treat the consumption of a CBD product as a legal defense to a positive test for Cannabinoids/THC. Justice Armstead authored the majority opinion and was joined by Justices Walker and Wooton. Justices Hutchison and Moats dissented and, in a footnote, “encourage[d] the Legislature to study and rectify this issue because CBD products, contaminated with THC, are becoming common in the marketplace and accidental consumption of forms of THC are likely to become commonplace.”

Majority Opinion

Dissent