CBD or cannabidiol is a hemp extract that’s become increasingly popular over the years. It was legalized after the 2018 Farm Bill legalized industrial hemp, and although the market is filled with thousands of CBD products, they aren’t adequately regulated. Here are a few things employers should know about CBD.
CBD isn’t intoxicating. True, the connection to cannabis might confuse some, but CBD won’t affect your employees’ performance. Federal law requires that all CBD products have less than 0.3 THC (delta-9 tetrahydrocannabinol). THC is the chemical that makes marijuana psychoactive. As long as they use high-quality CBD products, your employees won’t be intoxicated.
CBD products are legal. The 2018 Farm Bill legalized industrial hemp and its extracts, including cannabidiol. While some states like Virginia require a doctor’s prescription to use CBD, most states allow over the counter use. You can rest assured that your employees aren’t using an illegal product at work.
Some CBD can test positive, but this only applies to cannabidiol extracted from marijuana. While legal hemp has less than 0.3% THC, marijuana is flush with it. Hence, CBD extracted from marijuana is bound to have increased traces of THC. An employee who consistently uses such CBD products will slowly build up THC in their system, and they can test positive for drugs. This is a significant issue because;
There are no CBD drug tests. An employee may fail a drug test when, in reality, they’ve been using CBD extracted from marijuana. The lack of a standard CBD test makes it difficult to distinguish between employees who are actually using marijuana and the ones using marijuana-derived cannabidiol. Employees who fail THC drug tests may also claim they were using CBD when they actually weren’t.
You may be unable to ban out of office CBD use. With the lack of standard CBD tests in mind, you may want to avoid the hassle altogether by banning CBD products. However, while you may be able to restrict CBD use at work, chances are you won’t be able to ban its use outside of work, especially if the products are being taken for medical reasons.
Additionally, you may not be able to ban their use during work hours if they are medically prescribed.
A CBD policy would be the best way to go, especially since regulatory agencies still haven’t adequately regulated CBD. So before you take any action against your employees, take time to craft a company CBD policy, especially if they are using CBD in accordance with federal and state law. And before you write a company CBD policy,
Study your state’s laws on CBD use. This will ultimately guide your policy, as you can only act in accordance with state law. And since the cannabis legal landscape is still pretty fluid, you’ll have to keep an eye on any new CBD legislations. This will allow you to create a flexible policy that will change and adapt with state law while keeping your company’s interests in mind.
Experts believe that as more employers get access to the information above, CBD companies like Plus Products Inc. (CSE: PLUS) (OTCQX: PLPRF) will most likely shift their customer education efforts to the products themselves rather than the legal landscape.
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