To see more detailed information on the difference between CBD and THC as well as current state legislation on CBD levels, check out our previous blog post that covers that here.

CBD or cannabidiol is one of around 400 compounds found in cannabis. And while CBD is a cannabinoid and shares some structural similarities with THC, it does not product a “high” like the THC portion of the plant does.

Because CBD does not create a high, it is perceived as less harmful. Many different products have emerged that contain CBD to help users benefit from its therapeutic and medical properties, such as:

-Oil (most popular)
-Beauty and health products
-Vapors
-Infused edibles (gummies, chocolates, etc.)

However, despite CBD being less harmful, it may still cause adverse reactions in some people. Reported side effects from human and/or animal studies have included:

-Fatigue/drowsiness
-Changes in appetite
-Decreased blood pressure
-Anxiety
-Possible endocrine disruption
-Altered immune function
-Dizziness
-Psychomotor slowing
-Diarrhea

Will CBD affect my drug test results?

Maybe. CBD itself would not show up positive on a drug test for marijuana or marijuana metabolite. However, in some states, CBD can contain up to 5% THC. If the CBD product contained THC at a sufficiently high concentration, there is a possibility that it could result in a positive urine drug test result.

It is also important to remember that the use of CBD or “medical marijuana” is still not considered an alternative medical explanation for a positive test result in federally-mandated drug tests. CBD is still classified as a Schedule I substance and remains illegal at the federal level.

As an employer it’s more important than ever to stay up-to-date in the always-changing landscape of marijuana, and most importantly, to make sure that your drug testing policies stay updated as well.

Please make sure that your company’s substance abuse policy is updated to clearly reflect your position on marijuana and the use of CBD products within your workplace.

The post CBD and Drug Testing appeared first on Blueline.

Along with CBD oil’s newfound popularity, however, a new onslaught of legal and best practice questions have emerged for employers.

Will CBD products impair my employees or endanger my workplace? If an employee or applicant tests positive on a drug test and blames it on CBD, what should we do? Should we allow CBD products in a zero-tolerance workplace?

Understanding CBD and THC

Before diving into these questions, it’s important to understand the different kinds of CBD products there are on the market and how THC may play a role in them.

THC is the main psychoactive ingredient in cannabis and what causes most of the mind-altering or “high” effects of the plant. It is also usually present to a small degree in most CBD products. The amount of THC in CBD products can vary based on the manufacturer, product, and what variety of cannabis the CBD was derived from.

CBD can be extracted from both hemp and marijuana. Hemp and marijuana are both varieties of the cannabis plant. However, hemp is a variety that contains considerably less THC concentration than the marijuana strain—usually less than 0.3 percent.

Recent federal legislation has removed hemp and hemp-derived products (including CBD) from Schedule I of the Controlled Substances Act. This means that hemp and hemp-derived products are no longer considered to have “no.. accepted medical use and high potential for abuse” by the federal government. A 2015 NIH paper also said that although much about the CBD is still unknown, they believed that CBD use wouldn’t impair employees.

That being said, some CBD products are derived from marijuana (instead of hemp) and have higher levels of THC. Additionally, a study was performed in 2017 and found that nearly seven in ten CBD products do not contain the amount of THC advertised—meaning that users can be getting more than they bargained for. CBD products are not regulated, so as a user it can be hard to find assurance that your product is exactly what you believe it to be.

Current State Legislation on CBD

Fourteen states currently have a legalized CBD oil program with most of those programs requiring that the CBD be extracted from hemp and contain less than 1% THC.

Below is a chart that outlines the current states with CBD oil programs. This chart was shared in OraSure Technologies’ newsletter What’s the Buzz – you can find more in that article here.

Employment And CBD

So what can you do as an employer?

The Society for Human Resource Management (SHRM) recently discussed some of the complications that cannabis oil presents for drug testing.

“If an employee is taking CBD or cannabis oil… in accordance with a state’s medical marijuana laws, there may be some state law protections for the employee. Otherwise, employers with zero-tolerance drug policies are free to discipline employees for failing drug testing, even if the ingestion of THC was inadvertent.”

You probably won’t be able to tell whether a positive test for THC was caused by the use of CBD or cannabis oil rather than marijuana use. However, you can look for other signs of impairment such as red eyes and delayed reaction times and make sure that your supervisors are trained to recognize and handle drug impairment symptoms. If someone does test positive for THC, it may be best practice to have a conversation with that person first to see if they have a reason for the positive test.

Ultimately, most of the decisions are up to you as the employer. Whether or not you decide to take adverse employment action should depend on the applicable state laws and the nature of the individual’s job. Disciplinary action for a positive THC test, even if it were due to the use of cannabis oil, are likely to be justified if it is a federal or safety-sensitive position.

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