The need for drug testing has never been more crucial…and employer liability only increases as society becomes more casual in the acceptance of drug abuse.

Legalization

Now we may not be as laid back as our friends up north who are handing out free drugs to everyone, but more and more places in the US are legalizing drugs. The CDC reported in June 2020 that 13% of adults, age 18 and older, started or increased their substance use as a result of the pandemic. This means that 33.6 million adults began using illicit drugs to cope with emotions related to COVID-19. ODMAP, an overdose reporting system, found that 62% of US counties experienced increased drug overdoses due to the pandemic.

To keep your workplace safe, productive, and drug-free, knowing all your drug testing options is essential. Common drug test types include urine, saliva, and hair testing.

What Should I Test For?

It is essential to know which drugs to screen for. Some commonly abused drugs are:

• Narcotics: includes heroin, fentanyl, morphine, opium, methadone
• Depressants: includes benzodiazepines, barbiturates, methaqualone, quaaludes
• Stimulants: includes cocaine, amphetamines, methylphenidate, methamphetamine
• Hallucinogens: common “club drugs” such as ecstasy, LSD, phencyclidine
• Cannabis: includes marijuana, THC, hashish
• Synthetics: includes spice, bath salts, anabolic steroids

Types Of Testing Available

It is also essential to review your company policy to ensure all your drug testing needs are being met. Blueline offers many different testing options. Our most popular tests are:

• 5 Panel: includes amphetamines, cocaine, marijuana, opiates, and phencyclidine
• 7 Panel: consists of all 5-panel drugs, plus barbiturates and benzodiazepines
• 9 Panel: consists of all 7-panel drugs, plus barbiturates propoxyphene
• 10 Panel: includes all 9-panel drugs, plus methadone and methaqualone
• Popular Add-ons: tramadol, meperidine, fentanyl, spice, bath salts

Knowing which drugs to screen for can be tricky. Luckily, Blueline can help you navigate the right testing configuration for your organization and the proper drug testing policy catered specifically to your needs.

The post It’s Been a While Since Breaking Bad, so Here’s Your Refresher Course on Illegal Drugs appeared first on Blueline.

Keep Testing For Marijuana?

Marijuana is still federally illegal and is considered a Schedule I drug, meaning it has a high potential for abuse and no accepted medical use. Because state and federal laws differ for marijuana use, drug testing can be complicated especially for companies across multiple states. What does all of this uncertainty mean for employers?

Some companies may choose to remove marijuana screening from their drug testing policy for various reasons. The window of detection for marijuana use is a common reason. Employers often wonder how accurately impairment can be decided based on a positive test because marijuana stays in your system longer than many other drugs. So… there still isn’t a viable option for testing for real-time impairment. Another frequent concern of HR professionals is an issue of privacy in states that have legalized the drug.

Does Testing Help Limit Employee Risk?

There are many reasons to continue screening for marijuana use. Other ongoing benefits of testing include it can prevent drug users from applying to your company. Continued screening or random drug testing can also help protect your company from legal liability if an accident occurs. According to a study by the National Institute on Drug Abuse, employees that tested positive for marijuana were 55% more likely to have industrial accidents, 85% more likely to be injured, and 75% more likely to be absent. Screening for cannabis may be beneficial, particularly for those in safety-sensitive positions where employee risk is concerned.

Untangling the issue of whether or not to screen for marijuana can be tricky. Let Blueline experts help you implement a drug testing program that will keep your company and employees safe and compliant.

The post Amazon Has Entered the Jungle of Serious Employee Risk & Liability appeared first on Blueline.

Positive Tests From Marijuana Use

In the US workforce, positive tests are on the rise, with an increase of 29% since 2015. The continued increase year over year is telling of wider distribution and availability of the drug, leaving employers struggling to meet federal guidelines and not violate state legislation.

Why should there be a concern about using marijuana? Since it isn’t legal on the federal level, the FDA doesn’t regulate it. Products have no central oversight to ensure safety. There are different guidelines in different states, making the overall manufacturing and distribution largely up to the distributors.

Unwanted Side-Effects

Marijuana use can be a serious safety concern within the construction, manufacturing, and transportation industries. With continued use, marijuana can cause several long-term side-effects that can negatively impact the workplace.  Using the drug can cause mental health issues such as depression, paranoia, psychosis, and several other problems. Users also run the risk of addiction and the deterioration of essential brain functions. All of these side effects can cause workplace issues.

The state legislature sets the rules about testing. When going through the testing process, we can help navigate this tricky subject and make your drug testing program meet the requirements placed on you by the state.

The post Marijuana Use is Way Up, Testing Shows appeared first on Blueline.

The drug testing world is constantly changing and evolving in today’s world—which means that your drug testing policy should also be updating regularly.

Having a clear drug testing policy helps protect your company and your employees. It provides clear guidance that can help you sidestep any confusing loopholes or accidents that might open up from an unclear or outdated policy.

Just as drug and alcohol testing policies are continually evolving and changing to reflect new state laws, federal regulations, or workplace attitudes. A regular review of your company’s current policy and procedures will help ensure that your company is on track to meet its goals and be legally compliant.

So what are some things you should look at or consider when drafting or updating your drug testing policy? Here are few suggestions:

MEDICAL MARIJUANA HASN’T BEEN DISCUSSED

Although an employer is generally allowed to create their own drug testing policy including the right to a drug-free workplace, with changing laws surrounding both medical and recreational marijuana there may be some nuances you should be familiar with. Check out our article talking about testing for marijuana in the workplace today here and consult with your legal team about what guidelines you should follow.

NO PROCESS IS IN PLACE TO MONITOR INDUSTRY STANDARDS OR CHANGES

After spending so much time and consideration building your drug testing policy, you won’t need to review or update it for several years, right? Wrong! Most drug testing companies advise that you should review your policy at least once a year. Laws are ever-changing and this includes background screening and drug testing laws. Make sure that your policy is up-to-date with your specific state and industry’s standards.

YOU HAVEN’T RECENTLY ASSESSED YOUR TESTING TYPE OR PANEL

We find that employers sometimes need to change their testing type or panel to best reflect changes within their company or improve their testing process. It’s a learning game and there isn’t necessarily a testing type or panel that is “best”; it depends on what options are most beneficial for your company.

Some examples of cause for change include:

-With the opioid epidemic, many employers have now updated their testing panel to include semi-synthetic opioids (hydrocodone, oxycodone, etc.) or other prescription medications.

-Some employers decide to change testing types to allow on-site testing which can help cut down on time spent for an employee to take a test.

-Other employers have had issues arise with certain drugs they hadn’t previously included in their testing panel which they then added. Or they’ve had a workplace accident occur due to drug use that has prompted them to add things to their testing program such as: reasonable suspicion training for their supervisors and post-accident testing.

At the beginning of every new year we would advise you to take some time reviewing your company’s current drug testing policy. If you have any questions about how adding or changing your current services could potentially benefit your company, please give us a call at the number above or reach out to our support team at mail@blueline-services.com.

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But where does this leave employers? And where does the National Safety Council stand on marijuana use for employees?

The NSC released their current position on marijuana use with their most recent announcement, “At this time, NSC believes there is no level of cannabis use that is safe or acceptable for employees who work in safety sensitive positions.”

The National Safety Council has been a workplace safety advocate for more than 100 years, helping provide guidance for employers.

When asked what had influenced their position against marijuana use, they referenced a recent National Institute on Drug Abuse report that compared employees who tested negative for marijuana against employees who tested positive for marijuana. The report’s results found that employees who tested positive for the drug are:

-55% more likely to have industrial accidents
-85% more likely to be injured
-75% more likely to have absenteeism

In an October 2019 press release, Lorraine M. Martin, president and CEO of NSC, said, “Research clearly shows that cannabis impacts a person’s psychomotor skills and cognitive ability. In order to protect our employees and those around them, we need to acknowledge the impairing effects of cannabis. We urge employers to implement policies stating no amount of cannabis consumption is acceptable for those who work in safety-sensitive positions.”

Both the NSC and the Occupational and Environmental Medical Group have urged Congress to take worker safety into account when considering marijuana legalization. But things are still in flux, which is why the NSC’s position is so profound. It may help provide employers with some clarity and direction in the constantly changing world of marijuana legalization.

The post National Safety Council’s Position on Marijuana in the Workplace appeared first on Blueline.

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.

Vaping and nicotine also doubled between 2017 and 2018 among college students. This study found that 43% of full-time college students (ages 19-22) reported using marijuana at least once in the past year. With twenty-five percent reported having used marijuana in the past 30 days.

Same-age high school graduates that aren’t full-time college students also showed similar trends with a respective 43% and 27% being at their highest rates since the 1980s.

While these rates may not seem that surprising considering the recent changes in marijuana legislation, that doesn’t make them less worrisome. John Schulenberg, the principal investigator of the Monitoring the Future Panel study said, “The brain is still growing in the early 20s, and as the Surgeon General just reported, the scientific evidence indicates that heavy marijuana use can be detrimental to cognitive functioning and mental health.”

“Getting a foothold on the roles and responsibilities of adulthood may be all the more difficult for these 1-in-9 non-college youth who use marijuana on a daily or near-daily basis. As for college students, we know from our research and that of others that heavy marijuana use is associated with poor academic performance and dropping out of college.”

The post Marijuana Use Highest In 35 Years Among U.S. College Students appeared first on Blueline.

All of the information they shared has been sourced from and recognized by the medical and/or scientific communities and should merit some serious consideration. We’ve shared their research and information below for your benefit.

“Marijuana is harmless.”

-Marijuana use is associated with increased risks of: mental illness (Burns, 2013), heart disease (Montecucco, 2012), cancer (Marks, 2013), lung disease (Mehra, 2006) and stroke (Wolff, 2013); compared to tobacco, marijuana smoke contains three to five times more carcinogens (Tomar PhD & al., 2009).
-The structural brain change caused by marijuana use by adolescents and young adults – including only casual use – is permanent. IQ points are lost – and cannot be recovered with age (Meier M., 2012).
-Exposure to so-called “edibles” has led to a significant increase in the poisoning of young children. (Wang, 2014).
-The side effects from marijuana have led to far more emergency room visits than all other substances combined (SAMHSA, 2013).

“Marijuana is medicine.”

-The American Medical Association, American Psychiatric Association, American Society of Addiction Medicine, National Multiple Sclerosis Society, American Glaucoma Society, American Academy of Ophthalmology, American Cancer Society, National Eye Institute, National Institute for Neurological Disorders and Stroke and, the Federal Food and Drug Administration – these are only some of the prominent national health organizations that have rejected crude marijuana for medicinal use.
-State regulatory oversight of marijuana for medical use in Colorado has been highly touted as a model of success. Regardless, while the state’s website shows registrant demographics at 3% for cancer, and 1% for AIDS, those who “complain of pain” equal a whopping 94% (CDPHE, 2014). And these registrants are not the sick and elderly; rather, the average cardholder is a 41-year-old male – in the workforce. In California, the average user of marijuana for medicinal use is a 32-year-old male with a history of alcohol and substance abuse – and no history of life-threatening illnesses (O’Connell, 2007).

“The marijuana ‘high’ only lasts for a few hours.”

-Repeated studies have shown that after marijuana use, impairment lasts a minimum of 24 hours. One particular study included flight simulators – to test airline pilots at various intervals after they smoked “a joint.” While impairment was proven 24 hours after usage, none of the pilots reported any awareness of their own impairment (Yesavage, Leirer, Denari, & Hoillister, 1985). And this study was conducted prior to the significant THC increases seen in today’s marijuana products – where users often report ill effects for days afterward.

“Presence-in-system testing is unreliable because it does not measure impairment.”

–The amount of THC – the psychoactive component in marijuana – is going to vary across the wide variety of marijuana products now available as well as in the rate that it is metabolized by different individuals. While these variants currently make it difficult to produce a standardized method by which individual impairment can be determined with certainty, they should not be construed into some kind of base rate fallacy. The reality is that drug testing is meant to serve as one component of an employer’s comprehensive drug-free workplace policy – that includes education about the consequences of failing a drug test.
-While drug screening and confirmatory cut-off levels have been established that are meant to protect a safe and drug-free workplace from substances of abuse, studies clearly show that maintaining as little as 2-5 ng/mL of marijuana in one’s system may cause substantial impairment issues (Hartman & Huestis, Cannabis Effects on Driving Skills, 2012).
-Presence-in-system testing is the gold standard upheld in repeated court decisions – protecting an employer’s right to provide a safe and drug-free workplace program.

“Marijuana is not addictive.”

-It’s been generally recognized that marijuana is psychologically addictive. Today’s strains of THC are stronger – and now produce physiological dependence and withdrawal that requires substance abuse treatment (Copeland, 2009). According to the National Institute on Drug Abuse, marijuana accounted for 4.5 of the 7.1 million Americans dependent on or abusing illicit drugs in 2010 (SAMHSA, 2010).
-Statistically, one in six adolescent users will become dependent on marijuana – and one in 10 adult marijuana users will become dependent to the point of requiring treatment (Giedd, 2004).
-When chronic marijuana users attempt abrupt discontinuation, the signs of withdrawal syndrome – restlessness, irritability, mild agitation, hyperactivity, insomnia, nausea, cramping, decreased appetite, sweating and increased dreaming – are common (NHTSA, 2014).

“Marijuana can be regulated like alcohol.”

-One would be hard-pressed to find anyone who would hail alcohol regulation as a public health success. For every $1 of tax revenue received in the U.S. from alcohol sales, $10 more are spent on the social costs – amounting to an annual deficit of $185 billion/year (NIDA, 2000). Further, the physical properties, effects on the body, absorption rates, etc. are not in any way the same between marijuana and alcohol – and no standardized techniques for testing exist for marijuana. Claims that marijuana can be regulated like alcohol – based on assumptions of similarity – are extremely misguided.

“Marijuana is not a gateway drug.”

-A 25-year longitudinal study found the frequency of marijuana use to be significant with other illicit drugs of abuse and dependence – particularly with adolescent onset use (Fergusson, Horwood, & Boden, 2006).
-Two separate studies of twins compared whether or not early cannabis use showed subsequent abuse or dependence of other illicit drugs. The findings showed two to five times greater risk than that of a twin who did not use marijuana (Lynskey PhD & al., 2003) (Agrawal, Neale, Prescott, & Kendler, 2004).

“Marijuana is safer than cigarettes or alcohol.”

-With the extremely-high THC now found in new productions of edibles, waxes, and hash oil vaporizers, it may well take another generation before how truly harmful the effects of marijuana use can be determined. The permanent damage to brain function and long-term mental health detriments are not only indisputable but incomparable to cigarettes and alcohol across the board. Marijuana creates its own brand of problems. Blanket statements declaring marijuana as “safer” are ignoring the risks identified by scientific data. Addiction, psychosis, and cognitive function loss are never “safer” (Gitlow PhD, 2014).
-Repeated studies have shown that after marijuana use, impairment lasts a minimum of 24 hours. One particular study included flight simulators – to test airline pilots at various intervals after they smoked “a joint.” While impairment was proven 24 hours after usage, none of the pilots reported any awareness of their own impairment (Yesavage, Leirer, Denari, & Hoillister, 1985). And this study was conducted prior to the significant THC increases seen in today’s marijuana products – where users often report ill effects for days afterward.

“There are no long-term effects from marijuana use.”

-A study of 1000 candidates followed from birth to age 38 showed lasting cognitive decline among marijuana users – that did not change with adult abstinence (Meier M., 2012).
-Marijuana use causes a 17% increased risk for depression onset among all users; risk increases to 62% for heavy (or weekly) users (Lev-Ran, 2014).
-Military personnel who use cannabis 10 or more times by 18 years of age are two to three times more likely to be later diagnosed with schizophrenia than those who have not (Zammit, 2002).
-A 40% increased risk of psychotic symptoms/disorders occurs in those who use marijuana as compared to those who do not (Moore, 2007). This finding has been confirmed by over a dozen studies.

“It is safer to drive with marijuana in your system.”

-Studies consistently show that, on average, marijuana-impaired driving results in a two-fold increase in the risk of a crash (MuChen, 2012).
-Impaired cognitive function means lowered attention to surroundings and tasks, reduced speed of information processing, and slower response times –which can lead to weaving and other risky consequences (Hartman & Huestis, 2013). In Colorado, the number of drivers in fatal crashes who tested positive for marijuana nearly doubled from 2009 – 2011 (Couch, 2014).

The post Busting Common Marijuana Myths appeared first on Blueline.

Q: What is marijuana?
A: Marijuana is the product of the hemp plant, Cannabis sativa, containing the psychoactive chemical delta-9-tetrahydrocannabinol (THC) and other related compounds. Popular names or bslang for the drug include weed, pot, or cannabis.

Q: How do people use marijuana?
A: Marijuana is typically smoked using rolled paper cigarettes (joints), pipes, water pipes (bongs), and vaporizers. However, the drug is also mixed into edibles and drinks and extracted into oils and waxes.

Q: How does marijuana affect users?
A: Marijuana use impacts the human body both physically and mentally. The “high” from the drug can include distorted senses, impaired judgment, lack of balance and coordination, increased appetite, elevated heart rate, and sometimes anxiety and panic.

Q: How many people use marijuana?
A: Below is the most current data estimating marijuana use.
-The National Survey on Drug Use and Health (NSDUH) reports more than 26 million Americans aged 12 or older, or 9.6% of the total population, were current users of marijuana in 2017.
-The World Drug Report 2019 estimates that there were 188 million global cannabis users in 2017.
-Marijuana comprised the most common substance use disorder, impacting an estimated 4.1 million Americans in 2017, according to the NSDUH.

Q: Can an employer drug test for marijuana?
A: Yes. There are currently no restrictions (other than New York City which is expected to implement restrictions beginning in May 2020) limiting an employer’s ability to drug test for marijuana, although there may be limitations on permissible disciplinary action that an employer may take if an employee is using marijuana in accordance with that state’s marijuana
laws. In general, state medical and recreational use statutes impact only a very small number of employees in most workplaces. Today, more than 97.6% of all non-regulated drug tests include marijuana in their panel (according to Quest Diagnostics).

Q: What is the marijuana positivity rate for workplace drug tests?
A: The latest Quest Diagnostics Drug Testing Index ™ reported that marijuana continues to top the list of the most commonly detected illicit substances across all workforce categories (general U.S. workforce; federally mandated, safety-sensitive workforce; and the combined U.S.
workforce, which includes the prior two populations) and all specimen types (urine, oral fluid, and hair).

Q: How is marijuana classified under Federal law?
A: Under Federal law, marijuana remains classified as a Schedule I drug under the Controlled Substances Act (CSA) and is illegal for any purpose. Drugs classified under Schedule I are defined as dangerous with a potential for severe psychological or physical dependence and are considered to have a “high potential for abuse” with “no currently accepted medical value.”

Q: How is marijuana classified under state law?
A: Despite its status under Federal law, states continue to pass legislation regarding permissible uses of marijuana for both medical and recreational purposes. State marijuana laws are inconsistent and constantly changing. Among other things, these state laws can impact company drug testing policies and procedures, workplace drug testing program administration, and how drug test results are reviewed and handled. As of August 2019:
-33 states and Washington, D.C. have medical marijuana laws
-11 states and Washington, D.C. with medical marijuana have also passed recreational use laws
-14 other states have low THC/high cannabidiol (CBD) laws for medical purposes

Q: How can states continue to pass medical and recreational marijuana legislation if marijuana is illegal under Federal law?
A: Even though marijuana is illegal for any purpose under the CSA, the enforcement of the CSA is within the discretion of the federal government. During the Obama administration, federal agencies, including specifically the Department of Justice, de- prioritized marijuana enforcement in states with medical marijuana laws through policy guidance. Congress has also previously passed statutory budget amendments to limit federal agency enforcement initiatives that interfere with state medical marijuana laws.

Q: How do state laws influence marijuana use in the workplace?
A: The extent of employment protections are afforded to employees in states that have passed marijuana legislation varies widely from state to state. Currently, employees protections fall broadly into four general categories:
1. States with no employee protection.
2. States likely providing no employee protections
3. States with explicit employee protections
4. States with unclear employee protections

Q: If an employee tests positive for marijuana/marijuana metabolites on an employment-related drug test, does that mean the employee is ‘impaired?’
A: No, a positive workplace drug test alone does not equate to impairment. While employment policies often prohibit employees from using drugs or being impaired at the worksite or during work hours, there is currently no drug workforce test (excluding alcohol tests measuring blood alcohol concentration) that can inform an employer as to whether an employee is ‘impaired’ based on the concentration (level) of drugs/metabolites present in a donor specimen. Some state laws explicitly address what can and cannot be considered for determining whether an employee is ‘impaired’ by marijuana, but most do not. Proper guidance and training of employees and supervisors to recognize objective, observable behavior and other symptoms related to drug use are critical for making impairment and reasonable suspicion drug testing determinations.
-Note: Only a handful of states have defined impairment due to marijuana use as it relates to operating a motor vehicle and those levels in blood vary. Currently, there is no consensus on what the standard of impairment is for marijuana.

Q: What are some important considerations in a company policy for marijuana?
A: It is imperative that employers maintain clearly written, and consistently applied, workplace drug testing policies that comply with all applicable laws. Drafting and implementing a written workplace drug testing policy should be undertaken only after consultation with an attorney knowledgeable of the applicable laws.

Q: What are some common misperceptions about marijuana?
A: Common misconceptions about marijuana include that the substance is harmless, not addictive, and lacks long-term effects.

Q: Is all marijuana the same?
A: No. Marijuana has various strains and hybrids, with varying THC levels (i.e. potency). It is grown under varying conditions and is sold in nonstandard amounts at marijuana dispensaries. According to the National Institute on Drug Abuse (NIDA), today’s THC concentrations in marijuana average close to 15% compared to approximately 4% in the marijuana of the 1980s.

Q: Is medical marijuana safe?
A: While the Food and Drug Administration (FDA) has approved several synthetic THC and CBD drugs for use in chemo-induced nausea and epilepsy treatments. Marijuana remains illegal at the Federal level and the FDA has not approved it as a safe and effective drug.

Q: What is the standard dose of marijuana used medicinally?
A: There are no standard safety or efficacy requirements for medical marijuana because the “U.S. Food and Drug Administration has not approved a marketing application for marijuana for any indication.” In those states with medical marijuana statutes, physicians or other authorized providers may provide a “recommendation” of medical marijuana use, but may not legally “prescribe” marijuana. Synthetic THC (e.g., dronabinol capsule) can be prescribed and is dispensed based on recommended dosing guidelines and the physician’s judgment.

Q: Can someone taking cannabidiol (CBD) test positive on a drug test?
A: Maybe. In laboratory testing, CBD itself would not be confused with THC or its metabolites that laboratories typically test for in a workforce drug test. If the CBD product contains THC at a sufficiently high concentration, it is possible, depending on usage patterns, that the use of these products could cause a positive drug test result for marijuana and/or its metabolites. For example, in two states, CBD may contain up to 5% THC. It is important to remember that for federally-mandated drug tests, the use of CBD or “medical marijuana” would not be considered an alternative medical explanation for a positive drug test result.

Q: Can secondhand marijuana smoke render a positive drug test?
A: There are no published, peer-reviewed studies to date that indicate, even with today’s increased concentrations of THC in marijuana, that someone would test positive due to ‘passive’ or ‘incidental’ exposure at events such as parties or concerts.” The National Institute on Drug Abuse (NIDA) concurs, reporting that it unlikely that secondhand marijuana smoke could give someone a contact high after examining research that measured factors such as drug potency, hours of exposure, and room ventilation.

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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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