Ohio Governor, Mike DeWine just signed Ohio Senate Bill 57 which allows for the immediate sale of cannabidiol (“CBD”) and hemp cultivation. For employers, this will likely result in an increase in positive drug tests and create additional obstacles in combating the culture of normality around marijuana use.

CBD is one of the hundreds of chemical compounds in the marijuana plant. People often ingest or vaporize CBD to alleviate a variety of symptoms including pain, inflammation, and stress, although it can also be purchased for recreational use. While CBD cannot get you “high” like Tetrahydrocannabinols (“THC”), in large doses it can result in a positive drug screening. Although the bill only legalizes CBD products that contain 0.3% THC or less, much of the CBD market is unregulated, resulting in products containing over the legally permissible amount.[1] The amount and frequency a person uses CBD can also result in a positive drug screening for THC. [2]

Additionally, the recent increase in pro-marijuana legislation has resulted in a culture of normality around marijuana use. With more states allowing for the consumption of marijuana products, especially recreationally, there is less societal pressure to remain sober.[3] However, an employee’s sobriety at work is critical to maintaining a safe and productive work environment.

Employers are not powerless to regulate their employees’ CBD use. Employers are still able to implement and enforce drug use policies that prohibit the recreational use of drugs at work. If an employee does not have a prescription, then employers are able to enforce their zero-tolerance drug policies. Strong drug use policies help combat the culture of normality around marijuana use and allow employers to discipline an employee who tests positive for THC, even if it is caused by their recreational CBD use. Overall, while the new legislation will likely increase the number of employees who use marijuana-derived products, employers are not powerless to this use and can still discipline an employee for violating drug use policies.  It is still unclear if a prescription for CBD oil will change how an employer can address this issue.

It is important for employers to review their drug testing policies and collective bargaining agreements to ensure maximum flexibility in dealing with CBD use.  Employers should also consult with their drug testing labs to determine what can be expected if an employee or applicant using CBD oils is sent for a drug test. It is critical that the drug testing process is outlined from start to finish in your policies. This ensures company compliance and fair treatment of all employees, as well as providing management staff with step-by-step instructions when the situation arises.

If you’re in need of an update to your organization’s drug use policy, contact Fishel Downey. Our firm offers policy review, documentation and employee training.

 

[1] https://www.joplinglobe.com/news/using-cbd-products-beware-risk-of-positive-drug-test/article_8c251f3c-05a3-11e9-92da-af0b8d2b5b25.html and https://www.ehstoday.com/safety/dank-dilemma-unregulated-cbd-market-and-drug-testing

[2] https://www.cbdcentral.com/is-cbd-legal/ and https://www.wlwt.com/article/cbd-products-now-legal-in-ohio-but-could-lead-to-failed-drug-tests-shop-owners-say/28593759

[3] https://www.drugabuse.gov/publications/drugfacts/marijuana