CBD at Work – What does the law say? Is this allowed?

Cannabidiol, a compound derived from the cannabis plant, is already legally available in France. CBD oil and products containing CBD have an impact on drug control policies in the workplace in a way that is not yet clear.

Confirm BioSciences, a national provider of drug testing equipment and laboratory services, has released a report on the effects of CBD in the workplace. If you're wondering about taking CBD in your workplace or even still being under the influence of CBD oils or herbal teas while you're working, here are the answers to help you see more clearly and find out if you can be fired because of CBD consumption.

Q: What exactly is CBD?

A: CBD, the abbreviated name for cannabidiol, is an extract of cannabis, the plant that produces marijuana. It can also be obtained from the hemp plant, another form of cannabis that has extremely low levels of THC, the substance that causes euphoria. Commercial cultivation of hemp became legal in all U.S. states in 2018.

Q: What are the legitimate uses of CBD? Are there any uses that can be prescribed by a doctor?

A: From a scientific perspective, the only medical condition for which CBD has been approved is a certain type of seizure disorder. The drug is called Epidiolex, and it was approved in 2018. When it comes to other conditions for which doctors may recommend CBD oil, the problem is that there have been a very limited number of medical studies, with conflicting results. We are simply not there yet in terms of scientific support.

Q: Will the use of CBD at work in any way compromise employee performance?

A: To answer this question, we wonder if CBD is 100% pure, that is, if it contains less than 0.2% THC. If a product contains pure CBD, there should be no problems with performance at work. The challenge is that the vast majority of CBD products are not pure. Up to 70% of CBD products are mislabeled. According to a recent study in the Journal of the American Medical Association, in which 84 different CBD products were analyzed, THC was present in 18 of these products in varying amounts.

Q: Are there any circumstances or professions in which CBD should never be used at work?

A: If the product used by the employee meets cbd purity standards, there should be no physical or mental impairment. The real issue is purity. In theory pure CBD can be taken at work.

Q: How long does CBD stay in a person's body?

A: It depends on the individual. For some, CBD oil stays in the system for two to five days. For others, it may take weeks. The typical weather is about one to two weeks. So if you take CBD not totally pure in your personal time it can still be detected if you take a test at work.

Q: If CBD is legal, why do workers who use CBD-infused products fail drug testing?

anti drug test cbd workA: The problem with CBD in the workplace is that, knowingly or unknowingly, people use CBD contaminated with THC. So, people can buy a product containing CBD to help them sleep, and if that product also contains THC, it may be THC that affects their sleep rather than CBD.

Q: What can be done to ensure that CBD-infused products are pure and do not contain THC?

A: Currently, there is no governance or regulatory body responsible for ensuring the purity of CBD. There is simply no monitoring to ensure that when people buy a CBD product, they get pure CBD oil. For workers and employers to be adequately protected, this situation must change.

Q: If an employee who uses CBD at work or a CBD-infused product fails a drug test, what happens then?

Who is responsible for determining whether the employee has not violated workplace policies?

A: It is not the employer's responsibility to ensure that drugs do not appear in an employee's test. The employer's role is simply to ensure that the chain of custody is intact. If the person has signed a document confirming that the sample provided is his/her own and that the sample was sealed in his or her presence, the employer should not be held liable.

There is another problem, however, due to the evolution of legality at the state level for recreational and medicinal marijuana. In states where marijuana is legal, a company may still be able to enforce a zero-tolerance policy (please refer to your state's specific law regarding the recreational and/or medical use of marijuana). And for companies subject to federal standards, marijuana is still a Schedule 1 drug of the U.S. Controlled Substances Act. It is in states where marijuana has been legalized for recreational purposes that many employers seek advice.

Q: What steps should employers take regarding CBD at work?

A: For employers with a formal drug policy, it makes sense to inform their employees of the risks inherent in CBD oil. If they don't feel comfortable providing this information first-hand, they can do it.

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