The use of CBD and its products become very popular around the world because of its ability to treat many health issues like stress, anxiety, pain, epilepsy, etc. The Farm Bill of 2018 legalized the use of CBD products all across the United States. But many questions still exist about the legality of using CBD at workplaces and whether the use of CBD products can fail you in a drug test.
Legality Of CBD
The 2018 Farm Bill legalized the use of industrial hemp and hemp-derived products in the United States. But marijuana is still considered as a Schedule I drug and illegal under federal law. Therefore, only hemp-derived CBD products are legal in America. In some states, there are restrictions on the sale and production of CBD even if it is extracted from the hemp plant.
Currently, there is no law that especially requires employers to accommodate employees that use CBD products. Many states in America legalized the use of medical marijuana and courts in several of these states said that an employer is obligated to accommodate employees who use medical marijuana by making an exception to the drug policies at the workplace.
Use of CBD at the Workplace
Most employers accommodate the use of hemp-derived CBD products at the workplace unless they are within a jurisdiction that has taken a more restrictive approach towards hemp-derived CBD products than the government. The employees need to make sure that the CBD products they are using do not contain more than 0.3 % of CBD to pass the drug test. There are some important things to keep in mind regarding the use of CBD in the workplace.
- Some CBD supplements that you use may contain more than 0.3% of THC which will impair you and may violate the drug and alcohol policies of the workplace.
- Keep in mind that the FDA only regulates the use of some CBD products like Epidolex. If you are using other CBD supplements that are not regulated by the FDA, you are at the risk of failing the drug test.
- According to a Department of Transportation mandated interpretation, you will not be excused for a positive test for THC even if the product you were using was CBD or describes as medical marijuana.
Due to the changing laws regarding the use of CBD products, employers may want to carefully observe and study the marijuana laws in their jurisdiction and make changes in the drug and alcohol policies of the workplace.