Federal laws.

Federal legislation in 2018 deemed hemp to be outside of the category of illegal controlled substances.  The rise in the use of CBD products, from makeup to stress relief products in the United States marketplace could cause some confusion regarding previously placed standard operating procedures and human resource screening tools outcomes for drug use at the workplace.  Unfortunately a person’s job could be in jeopardy if one of the products, that may be unregulated, contained THC, the same compound that causes marijuana users to get high.  Employers will need to address current policies and procedures to deal with CBD use by employees, especially those that  are working in areas that may put other people at risk.

American workers at risk.

Many American workers have been disciplined or fired because they test positive for THC after using a CBD product. A recent case involving a school bus driver from Salt Lake County Utah was a casualty of this new grey area. ” [Source: USA Today]   Ms. Hales had to take a random drug test for the Jordan School District, which is protocol for bus drivers and it came back positive. “I knew right then what was going to happen,” says Hales, who had not been using marijuana but taking CBD to help her sleep and relieve stress. “Five days later they called me in and they gave me the option to be fired or to resign.” She decided to quit.  The school district did not respond to a request for comment.

Legal drug testing standards.

Legally, the employer was within their rights to fire Ms. Hales, but what will the new trend in CBD products bring to drug testing laws in certain occupations.  Will employees need to worry about losing their jobs if they chose to opt out of traditional medical treatments for herbal remedies which may contain traces of THC?

Multiple areas of law.

Perhaps an employment law or business law attorney would be able to shed some light  on this developing trend in the workplace.  A certain amount of THC is allowed in CBD products as long as it doesn’t exceed limits set by federal or state law. But it could still trigger positive results on a drug test, which an employer may say is unacceptable. Some products may also claim to be THC-free but inadvertently contain it. [Source: USA Today]

Clear cut suit.

Mislabeling supplements can result in product liability lawsuits. An attorney may be able to help with possible remedy, or legal action toward the company who mislabeled a THC containing-product for retail sale, causing a person to lose their job upon employer drug testing. If producers and retailers of CBD health products mislabel their ingredients, it can cause potentially negative effects for consumers. Contact an experienced products liability attorney, an employment law attorney to see if you can get your job back by proving that it was a legal CBD product, or a business law attorney to find out what can be done to change the human resource screenings of employees, if you lose your job after failing a drug test because you used a legal CBD product.



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