Can I Be Fired for Using CBD Products?

Cannabidiol products are everywhere in the U.S., specifically in the health and wellness market. Not all CBD products are risk-free, as different products are made with different extraction methods. Despite the legalization of industrial hemp production with the 2018 Farm Bill, CBD isn’t regulated by the Food and Drug Administration (FDA). This means the purchase and consumption of CBD are determined by state laws. What’s more, U.S. employers can discipline or terminate employees who fail drug tests with the use of CBD products.

The Farm Bill legalized hemp-derived CBD products that contain 0.3 percent THC content or less. The FDA bans the marketing of CBD as a food product or dietary supplement. No CBD brand can make legal marketing claims about the effectiveness of its products, especially when it comes to medical treatments and prescription medications. Only one prescription medication containing CBD has been approved by the FDA for the treatment of rare forms of epilepsy.

Be an Informed Consumer

It’s important to understand that consuming CBD could result in a drug test that’s positive for THC. Employers often screen employees for THC but not for CBD. The problem is that not all CBD products are free of THC. State laws determine how hemp plants are tested for THC content, which means there’s no uniformity in measurement and reporting. Never use a CBD product without reading the label and Certificate of Analysis (COA). CBD can be extracted from either the cannabis plant or the hemp plant. Hemp has higher levels of CBD and lower levels of THC. Any CBD products with 0.3 percent THC content or higher are considered illegal at the federal level.

The best way to find quality CBD products at affordable prices is to read product reviews on reputable sites. Bloom&Oil is a trusted resource for all things CBD and offers a comprehensive look at one of the top CBD brands today. CBDistillery is a U.S.-based CBD company that makes high-quality, industrial hemp-based products at affordable prices. The brand sources non-GMO hemp from U.S. farms that use organic growing methods and whose hemp is certified by the U.S. Hemp Authority. Third-party lab tests check products for pesticides, heavy metals, residual solvents, mycotoxins, microbial contaminants, and foreign matter.

Bloom&Oil’s CBDistillery review takes a look at variety and flavors, total CBD content, CBD potency, price range, price per mg of CBD, and extraction method. CBDistillery’s products include full-spectrum, broad-spectrum, and CBD isolate oils; CBD gummies; CBD capsules with 0.0% THC; CBD topicals with botanicals; full-spectrum, broad-spectrum, isolate, and CBG powders; vapes with flavor and potency; and CBD tinctures for pets. The CBD brand features diversity in hemp extracts, including those with minimal THC content and those that are pure CBD. Users can also enjoy CBG and CBN oils that are sourced from the hemp plant.

Employers Don’t Have To Agree With CBD

Just because CBD products are readily available on every corner doesn’t mean that every employer is ready to embrace their employees using them. The consequence for a positive THC test depends on the type of job you have and your employer. Employers have the right to establish drug-free workplace policies and make employment decisions based on the recreational use of cannabis by employees. They can turn down prospective employees who fail drug tests due to the recreational use of cannabis. State laws determine whether an employer is obligated to allow the use of medical CBD oil, depending on whether the oil is derived from hemp or the cannabis plant.

Understanding employment law is tricky for employees and employers alike. The best way to handle workplace disputes is to seek legal advice from an employment lawyer. Workplace disputes can result in widespread consequences such as reputational damage, financial loss, and lost time. The expert litigation lawyers at PCL Laywers have years of experience winning favorable settlements in employment disputes. Their experience in complex business and commercial litigation is key to a quick resolution of workplace disputes such as breach of contract, wrongful termination, and defamation.

Despite the legalization of industrial hemp, the use of CBD and its acceptance by employers vary on a case-by-case basis.


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