The ABCs Of CBD For Employers

Cannabidiol, or CBD is a chemical found in marijuana and the hemp plant.  Prue CBD oil does not contain THC, the ingredient in marijuana that produces a “high.”  CBD is an entirely different compound from THC and does not produce a high or alter a person’s state of mind.  At the Federal level the 2018 federal Farm Bill passed in December, made hemp legal if it has less than 0.3 percent of tetrahydrocannabinol, or THC.  However, in a recent study of CDB products 18 products out of 84 tested had levels of THC.  CBD oil by itself would not trigger a positive for marijuana on a drug test, but if an employee is using a CBD product that contains THC it certainly could cause a positive drug test.  Additionally, according to the Texas Controlled Substances Act, cannabis and hemp, the plant that makes CBD, and most derivatives or products from the plant are illegal in the state.  In March, the Texas Department of State Health Services posted an amendment to the state’s schedule of controlled substances to remove hemp from the Schedule I status. This would bring hemp into compliance with the 2018 Farm Bill.  Shannon Edmonds, director of governmental relations for the Texas District and County Attorneys Association, said, “TDSHS can do that, but that does not change the Controlled Substances Act, which may still make it a crime.”  The Texas Legislature is currently considering legalizing Hemp and CBD oil under HB 1325.  Under current Texas law, if you possess CBD oil with any trace of (tetrahydrocannabinol), you could potentially be charged with a felony for possession of a controlled substance depending upon the weight. 

The ABCs Of CBD For Employers

Fisher Phillips

An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair…

2019-05-06T16:02:53-06:00