West Virginia’s drugged driving law is found at West Virginia Code Section 17C-5-2. It prohibits driving under the influence of any controlled substance or drug. In other words, in West Virginia it’s a crime to drive while impaired from drug use. No blood testing standard is established in West Virginia – that is, there is no fixed amount of drugs within the blood system that determines conviction. Whether a driver is impaired is determined on a case-by-case basis and at the discretion of the prosecutor.
West Virginia also prohibits driving by someone who “is a habitual user of narcotic drugs or amphetamine or any derivative thereof” to drive in this “state.”
West Virginia’s drugged driving law is directed at the prohibition of controlled substances -- that is, any drug or chemical regulated by the government. A listing of controlled substances regulated by federal law are found at the Drug Enforcement Administration website. It’s not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance, and that includes medical marijuana users.
A driver arrested for drugged driving in West Virginia will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. Read more about West Virginia’s DUI laws.
There is no implied consent rule for drug testing of drivers in West Virginia.