Cannabidiol, or CBD, is used in a variety of circumstances, from pain relief to anxiety management to beauty products and more. While most legal hemp-based CBD oils contain virtually no THC, the compound found in marijuana, the growing use of CBD can cause concerns over its use in the workplace.
Here are some points to keep in mind from a human resources/workplace perspective:
1. While CBD itself should not contain amounts of THC, if the CDB supplement used by your worker does contain THC, which can impair workers, it would violate most drug and alcohol policies (it may be a good time to remind employees of your practice's drug and alcohol policies. If your practices does not have drug and alcohol policies, you should consider implementing one).
2. Individually evaluate each situation of CBD use that comes to your attention. Discuss
with your testing provider whether CBD will show up under the drug panel tested if no THC is present. Consult with your labor and employment counsel if you are considering taking (or not taking) action against an employee or applicant because of CBD use.
3. In your drug education efforts, explain to employees that almost all CBD products are unregulated by the FDA and there is no guarantee of what’s in the supplement. In other words, those using CBD products need to know they are using at their own risk – if THC turns out to be present, they may violate employer policies.
4. Under a Department of Transportation-mandated interpretation, a positive test for THC will not be excused by the fact that the product was a CBD product or described as medical marijuana.
5. Finally, three states’ courts have held that their state’s medical marijuana laws require an employer to engage in an accommodation analysis of whether their medical marijuana user should be accommodated. It’s not clear how CBD product use would be treated; you should consult with your employment attorney before taking action.
Source: DynamicHR, a TPA Affiliate Partner, offers payroll processing and human resources management. TPA members receive preferred pricing on these services, health plans and more. Contact Andrew Tafel at firstname.lastname@example.org or at 248-648-7886 with questions relating to this article or other employment issues.