can you get fired for taking cbd oil

Will taking cannabidiol cause you to fail a pre-employment drug screening?

People add it to their morning coffee or happy hour cocktails.

Cannabidiol, commonly called CBD, is popular cannabis derivative. On its own, cannabidiol won’t get you high. But, there is still a small chance that indulging in those CBD products could lead to a failed drug test. Here’s why.

What’s the difference between CBD and THC?

Both cannabidiol and tetrahydrocannabinol (THC) are compounds that come that come from cannabis.

THC is the psychoactive ingredient in marijuana. That means THC, not CBD, is what creates the feeling of being stoned.

Are employers screening for CBD?

Most employers aren’t screening for CBD itself. They’re testing for THC or the byproducts of metabolizing THC to determine whether employees have used marijuana.

Federal workers can be screened for a variety of substances, including THC and THC metabolites, but CBD is not listed in federal drug testing rules.

Many private employers model their drug policies on federal standards.

Likewise, Michigan’s Civil Service Commission follows federal guidelines for illicit substances, said commission spokesman Matt Fedorchuk. That means state workers are likely being screened for THC, not CBD.

Quest Diagnostics, one of the nation’s largest drug screening firms, does not offer a test for CBD compounds, said Dr. Barry Samples, the company’s director of science and technology.

How much THC is in CBD products?

Many CBD products contain nonexistent or low amounts of THC, so it’s “highly unlikely” that those items would meet the threshold to trigger a failed drug test, Samples said.

A federal farm bill, signed by President Donald Trump in 2018, effectively legalized CBD with less than 0.3% THC by classifying the product as industrial hemp rather than marijuana.

It would be nearly impossible for a THC concentration that low to trigger a failed drug test, even if someone was ingesting the CBD product every day, said Jamie Alan, an assistant professor of pharmacology and toxicology at Michigan State University.

How could CBD products trigger a failed screening?

Problems could arise if someone unknowingly takes CBD with a high concentration of THC.

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CBD products remain in regulatory limbo, which means you can’t always trust a label that says CBD is “THC-free,” Alan warned.

The 2018 farm bill put industrial hemp under strict oversight from the U.S. Department of Agriculture, but the Michigan Department of Agriculture and Rural Development has yet to license any hemp growers.

Furthermore, the U.S. Food and Drug Administration has not given approval to most forms of CBD, prompting local health departments to crack down on restaurants that were adding CBD to food and drinks.

“It really is a buyer beware situation,” Samples said of CBD.

Can you be fired for a failed drug test?

If CBD products do cause you to fail a drug test, you could be fired.

Although Michigan voters have legalized recreational and medical use of cannabis, the drug remains illegal at the federal level and businesses have discretion over their own workplace drug policies.

Courts in Michigan have ruled that employers can fire or deny jobs to people who test positive for marijuana, even if those people have state-issued medical marijuana cards.

How safe, effective is CBD?

CBD users rave about how the substance reduces anxiety, improves sleep and soothes skin, but Alan cautioned that scientific evidence is still limited.

The strongest CBD research involves using the substance control epileptic seizures, Alan said. The only FDA-approved CBD product is Epidiolex, a drug used to treat seizures associated with two rare forms of epilepsy.

Research has shown CBD to be safe in the short-term when ingested or applied to skin, Alan said, although she cautioned against the possible risks of inhaling CBD oil through a vape pen.

In short, CBD might be promising but you should be careful about claims of a miracle, cure-all substance.

“There’s a lot of area for opportunity with this compound,” Alan said. “The research is still in its infancy.”


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Contact Sarah Lehr at (517) 377-1056 or [email protected] Follow her on Twitter @SarahGLehr.

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Can I Be Fired for Using CBD?

Despite being relatively risk-free, government entities only recently began legalizing CBD. In the last few years, CBD products have increased in popularity and are available in a variety of forms, including oils, gummy candies, tinctures, and lotions.

CBD products are legal in New York. What should you know about how its use affects your job? Can you be terminated for using CBD?

Here’s what you need to know.

New York is a CBD-Friendly State

New York is one of the CBD-friendliest states in the country. Many different CBD products are for sale throughout the state and residents are free to buy products in-store and online. Keep in mind, not all of the products are equally high in quality. This means it’s important to do your research and buy from reputable retailers.

Despite CBD use being legal in New York, employers might still be able to discipline employees for using these products. This is why it’s so important to understand the CBD market and make informed choices about the products you’re using.

Whether or not employers must not discriminate based on the use of medical marijuana varies from location to location. New York State legalized adult marijuana use, both medical and recreational, in March of this year via The Marijuana Regulation & Taxation Act (MRTA). The use of medical marijuana was already legal in the state.

What about Medical Marijuana?

As of 2020, 19 states including New York have enacted laws prohibiting discrimination against patients for using medical marijuana. This means most employees can’t be fired for using or testing positive for marijuana as long as they are using it for medical purposes.

This doesn’t mean you’re protected against discipline in all cases though when it comes to marijuana use. You can be fired if you use marijuana during work hours or you’re otherwise impaired during work hours by marijuana use.

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It might help to think of CBD products as you would alcohol when it comes to workplace use. Like CBD, alcohol is perfectly legal for people over the age of 21 to consume, but if you’re drinking on the job or you come to work under the influence of alcohol, your employer could choose to discipline you.

Also, keep in mind, employers are free to adopt a drug-free work environment. They can refuse to hire someone who fails a drug test due to the use of marijuana or terminate someone using marijuana recreationally. There’s a good chance this will change in the coming years as recreational marijuana use becomes more mainstream. Many want the laws protecting employees from discrimination based on their use of “lawful products” while off duty extended to include marijuana uses and that’s likely to happen first in states like New York.

Your Likelihood of Termination for CBD and Marijuana Use is Lower Than Ever

Chances are, using CBD products isn’t going to cost you your job in New York. But that doesn’t mean you shouldn’t research the products you’re using, nor should you assume your job is automatically safe when using THC-containing products.

The use of CBD products could result in a positive drug test. Employers aren’t screening for cannabidiol, but many screen for THC – the psychoactive ingredient in marijuana.

And while many CBD products do not contain any THC, some do. This is why it’s so important to research CBD distributors and use products that you trust. If you are concerned about your CBD use affecting your employment status, you need to be sure you aren’t using a product that could trigger a positive drug test result. If you ingest THC, knowingly or unknowingly, it could show up on a drug test and it could be grounds for termination.