The West Virginia Supreme Court has upheld the suspension of a coal miner who took a CBD sleep aid.
The state Office of Miners’ Health, Safety and Training had suspended Bobby Beavers in 2020 after he tested positive for THC, a psychoactive chemical found in marijuana.
Beavers had not smoked marijuana, but had taken an over-the-counter CBD sleep aid at the direction of a pharmacist. Drug testing does not distinguish CBD products from THC.
State law requires a miner to be suspended for a minimum of six months after failing a drug test.
Beavers appealed the state’s ruling, and a Kanawha Circuit Court judge ruled in his favor.
The Supreme Court sided with the state last week.
The Supreme Court found that Beavers did not follow the proper process for challenging his suspension.
Chief Justice John Hutchison dissented, saying the state had deprived Beavers of due process.