In the fast-changing world of CBD products, a big question is: can using CBD get you fired?
With 25% of Americans using or wanting to try CBD, this is a serious and valid concern.
It’s important to understand how employer rights and employee CBD use interact.
At the core of this issue is the complex nature of CBD and the many misconceptions or disinformation.
It’s the most popular cannabinoid from the Cannabis sativa plant that interacts with our endocannabinoid system.
Now of course some may argue that THC is the most popular cannabinoid, but in recent times, I’d say it’s CBD since more people are able to consume it.
It offers benefits without the “high” THC induces.
The 2018 U.S. Farm Bill made it legal to grow, process, sell, and move hemp and its products, like CBD (cannabidiol), as long as those products have less than 0.3% THC.
Key Takeaways
- CBD use is widespread, with 25% of respondents either currently using or interested in trying CBD products.
- The 2018 U.S. Farm Bill legalized the cultivation, processing, sale, and transport of hemp and its derivatives, including CBD.
- CBD is a cannabinoid found in the Cannabis sativa plant, interacting with the human endocannabinoid system without producing a “high” like THC.
- Some CBD products may still contain low levels of THC, increasing the risk of failing a drug test when taken in large doses.
- The legal protections regarding the use of marijuana, hemp, and CBD in the workplace have not been fully addressed by federal lawmakers, posing risks for employers and employees.
What is CBD and how does it differ from marijuana?
CBD, or cannabidiol, is a compound found in the Cannabis sativa plant.
It doesn’t make users feel “high” like THC does.
Instead, it’s known for its potential health benefits, such as pain relief and reducing anxiety.
While both CBD and marijuana come from the Cannabis plant, they are different in their makeup and effects.
Marijuana has a lot of THC, which causes that “high” feeling.
CBD products, on the other hand, have less than 0.3% THC.
This makes CBD safe to use without the high feeling.
CBD Sources and Extraction
CBD can be found in both hemp and marijuana plants.
But, the 2018Â Farm Bill made hemp-derived CBD legal.
The finished product just has to contain less than 0.3% THC.
This law has made CBD products like oils and edibles widely available.
CBD vs. THC: Legal Distinctions
The laws on CBD and THC are different.
While marijuana is still illegal at the federal level, hemp-derived CBD is legal.
This is because it has less than 0.3% THC.
This law helps make many CBD products available without the psychoactive effects of marijuana.
| Characteristic | CBD | THC |
|---|---|---|
| Psychoactive Effects | No | Yes |
| Legal Status (Federal) | Legal if derived from hemp with ≤0.3% THC | Illegal (Schedule I Controlled Substance) |
| Uses | Potential therapeutic benefits (e.g., pain relief, anxiety reduction) | Recreational use, some medical applications |
The 2018 Farm Bill has changed the CBD industry a lot.
It has made CBD products more accessible and popular for natural wellness.
Can employers legally fire employees for using CBD products?
CBD products are becoming more popular, and many people use them for health reasons.
But, the rules about CBD at work are still unclear.
Federal law doesn’t say employers can’t fire people for using CBD. Yet, there are some key points to remember.
Federal Law and CBD Use in the Workplace
Employers can have rules against illegal drugs, including those from the hemp plant.
This rule applies even if the CBD product has less than 0.3% THC, as allowed by the 2018 Farm Bill.
If a random drug test shows THC, the employee could face disciplinary actions, like being fired.
State-Specific Regulations on CBD and Employment
Some states protect medical cannabis users more than others.
In places where medical marijuana is legal, the Americans with Disabilities Act (ADA) might stop employers from firing people for using CBD.
This is if a doctor prescribed it for a medical reason.
Employer Rights Regarding Drug Policies and CBD
Even with state laws protecting some, employers can still have drug-free policies. If a random drug test shows THC, even from legal CBD, the employer might fire the employee. This is based on the test result.
| Scenario | Outcome |
|---|---|
| Employee uses legal CBD product, but tests positive for THC | Employer may be able to take disciplinary action, including termination, based on the positive test result. |
| Employee uses medical marijuana authorized by state law, but tests positive for THC | Employer may be able to take disciplinary action, unless the employee is protected by state-specific medical marijuana laws or the ADA. |
| Employee discloses use of prescription or over-the-counter medication containing THC | Employer may be required to engage in an interactive process to explore reasonable accommodations, as per the ADA. |
The rules about CBD at work are changing. Employers need to understand both federal and state laws.
This helps them make fair and legal drug policies.
How do drug tests detect CBD and can it lead to a positive result?
Employers worry about CBD use because it might cause false positives in drug tests.
These tests look for THC, the active part of marijuana, not CBD.
But, the mix of CBD, THC, and drug tests can cause problems for those using CBD products.
Types of Drug Tests and Their Ability to Detect CBD
Workplace drug tests usually check urine, blood, or hair for THC.
CBD itself won’t show up as positive.
But, trace THC in some CBD products might lead to a failed test.
THC Content in CBD Products and Potential False Positives
The 2018 Farm Bill lets hemp-derived CBD products be made, with up to 0.3% THC.
This small THC amount can build up in the body, especially with regular or high-dose use of cbd oil.
It could cause a positive drug test result.
In fact, studies found up to 21.43% of CBD products had THC levels that could make you fail a drug test.
Interpreting Drug Test Results for CBD Users
People who use medical marijuana or using a product with CBD should know a positive test doesn’t always mean they used recreational use of marijuana.
It’s important to understand that THC in some CBD products can cause a positive result.
Talking to employers about federal law on CBD and sharing the THC content of the product can help avoid problems with federal court or get fired because of a positive test.
| Key Takeaways | Statistic |
|---|---|
| Percentage of CBD products tested that contained THC content sufficient to produce intoxication | 21.43% |
| Percentage of tested CBD products that had less CBD content than labeled | 26% |
| Minimum THC level that can trigger a positive drug test | 50 nanograms per milliliter (ng/mL) |
What are the legal protections for CBD users in the workplace?
As legal CBD products become more popular, workers face a tricky mix of rules and rights.
The 2018 Farm Bill made growing hemp legal, but it’s not always clear if CBD is protected at work.
The Americans with Disabilities Act (ADA) and CBD Use
The ADA doesn’t cover people using medical marijuana or CBD products with THC.
But, some states have laws that protect medical cannabis users from job loss.
A recent court case, Lehenky v. Toshiba America Energy Systems Corporation, showed that CBD use might not be protected under the ADA.
Medical Marijuana Laws and CBD
In states where medical marijuana is legal, the rules for CBD products are not always clear.
For example, in Colorado, a court ruled that a medical marijuana user was fired legally because federal law doesn’t allow it.
Employee Rights and Wrongful Termination
Most states say employers can’t fire workers for doing legal things outside work, like using legal CBD.
But, workers in jobs that need to be safe might lose their jobs if CBD use is seen as a risk.
This is because the FDA and state agencies don’t always warn about CBD products.
The laws protecting CBD users at work are still changing and complex.
Employers and workers need to understand federal, state, and local laws.
It’s important for workers to talk openly with their bosses about CBD use to keep their jobs safe.
How can employees safely use CBD products without risking their job?
As hemp-derived CBD products become more popular, employees face a tricky situation.
They must deal with workplace drug policies.
Even though legal hemp and CBD have benefits, a positive test for THC can still harm their job.
To avoid this, employees need to be careful.
Choosing High-Quality, Legal CBD Products
First, make sure the CBD products come from legal hemp and have little to no THC.
Choose products with clear THC labels.
Opt for broad-spectrum or CBD isolate to avoid THC.
Stay away from low-quality, unregulated CBD that might have harmful stuff.
Communicating with Employers About CBD Use
If you use CBD for health reasons, talk openly with your employer.
Some companies need proof or notice for any substance use.
Not telling them can lead to trouble.
Understanding Company Drug Policies and CBD Guidelines
Read your company’s drug-free workplace policies and CBD rules carefully.
Some employers are stricter, even with legal hemp.
Knowing these rules helps you stay safe.
By following these steps, you can use CBD products safely and keep your job.
Being open, choosing the right products, and knowing company rules are important.
This way, you can enjoy CBD’s benefits without risks.
What should employers consider when drafting policies on CBD use?
As cannabis and CBD products become legal, employers face a big challenge.
They must balance safety with employee rights when making cannabinoid cbd use policies.
It’s key to include CBD in drug-free workplace policies.
Employers should clearly state what to do if someone uses CBD.
This makes sure everyone follows the rules and avoids unfair treatment.
Employers need to keep up with legal changes on CBD and hemp products.
Some places protect medical cannabis users, and laws might change soon.
It’s important to stay informed to avoid legal issues and make fair policies.
 Extended FAQ
Can you be fired for using CBD products?
The answer to this question is not straightforward. While CBD itself is legal at the federal level, there are several factors to consider:
- Employer policies: Some companies have strict no-drug policies that include CBD products.
- THC content: CBD products may contain trace amounts of THC, which could potentially lead to a positive drug test.
- Â State laws: CBD use regulations vary by state, impacting employer rights.
- Job requirements: Safety-sensitive positions may have stricter rules regarding CBD use. While it’s uncommon to be fired for using CBD products alone, it’s not impossible. It’s crucial to understand your employer’s policies and the potential risks associated with CBD use.
Can CBD oil make you fail a drug test?
Yes, it is possible for CBD oil to cause a positive result on a drug test.
While CBD itself typically doesn’t trigger a positive drug test, some CBD products may contain trace amounts of THC.
Federal law allows hemp-derived CBD products to contain up to 0.3% THC.
This small amount could potentially accumulate in your system over time and lead to a positive test for marijuana.
To minimize this risk, choose CBD products that are third-party tested and certified to contain no THC, or opt for CBD isolate products instead of full-spectrum options.
