Cannabidiol (CBD) and Employment Drug Testing - What Employers and Employees Need to Know

 
 
There are 17 states and Washington D.C. that specifically allow the limited medical use of CBD, but only in oil form, with restrictions on the levels of THC content and only for the treatment of specific medical conditions. (Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wyoming, and Wisconsin)[9]. Other states have recently passed non-medical CBD use laws. There are only two states where all marijuana and marijuana-derived products, including CBD, are illegal (Idaho and Nebraska).
 
CBD use could potentially cause a positive drug test result for THC depending on the actual contents of the product and amounts being consumed.

• Employees should challenge CBD product claims and contents before choosing to use it, especially if a failed drug test could leave them unemployed. CBD use would not be a justifiable reason for an employee or applicant to argue in response to a positive test result for THC.

 

• Employers are cautioned with any adverse action taken when dealing with a state-authorized medical marijuana user (or someone who has been prescribed Epidiolex). Multiple Disability Discrimination cases have been ruled in favor of medical marijuana patients[18], wherein, employers violated state marijuana laws or failed to take steps to determine if they could reasonably accommodate the underlying medical condition of the individual who was authorized to use marijuana (with likely the same outcome for the medical use of CBD).

 
Employers across the country should take this opportunity to review and revise their workplace policies. Ensure the language within your policy is clear on the company’s stance for prohibited marijuana use, warns that cannabidiol use could cause a positive drug test, and is up to date with the wave of new laws and court decisions impacting employee drug testing.
 
 
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About the Author:
 
Monte McDowell is the owner of ARCpoint Labs of Atlanta-Northeast, located in Duluth.  Monte leverages his 28 year career in Human Resources to help Gwinnett County businesses and organizations maintain a safe working environment through proven, cost effective testing solutions.

In addition to toxicology, ARCpoint Labs is a trusted clinical partner for the legal and medical sectors.

To learn more visit https://www.arcpointlabs.com/