The Agricultural Improvement Act of 2018 (PL 115-334) removed hemp from the definition of marijuana under the Controlled Substances Act. However, CBD products with a concentration of more than 0.3% tetrahydrocannabinol (THC) remain classified as marijuana.
Employees in safety-sensitive transportation should exercise caution when considering the use of CBD products, the ODAPC warned in its notice. CBD products may be mislabeled and contain higher levels of THC than the label states.
A recent legislative change has allowed the marketing and sale of hemp, hemp oil, and CBD products.
It is illegal to market CBD as a dietary supplement.
3. Talk with your employees and train managers
So, where do we stand right now? Eleven states including California, Oregon, Maine, Illinois, and the District of Columbia have made it legal for adults to possess small amounts of marijuana for recreational use. Meanwhile, 28 states, along with the District of Columbia have extensive medical marijuana programs and 17 more permit the use of products with a low level of THC to address medical concerns.
From makeup, drinks, food products, and stress relief oils and capsules, cannabis-based goods are flowing into the marketplace and employers are now grappling with employer CBD use and the rising legalization of recreational and medical marijuana in states across the country.
Here are some guidelines when developing a CBD oil company policy:
How to Address CBD Oil in Company Drug Testing Policy
Dr. James Berry, WVU Medicine said, “It is possible to test positive for THC if THC is in that particular batch of CBD oil. That’s where I warn people, buyer beware, despite what the label on that bottle says you don’t know exactly what is in there. There could be THC or there could be any other product that could be harmful for you”
Employers should consider updating their anti-drug guidance “warning employees of this issue because it is a very big problem. Studies show a lot of these CBD products are containing higher levels of THC.”
Cannabinoid containing oils is made by using a strain of the marijuana or hemp plants that has a high CBD content and a low THC content. The reason for this is because tetrahydrocannabinol has been shown to counteract the medicinal benefits of CBD if there is high THC content versus low CBD. Therefore, only specific strains can be used for production.
The issue has drawn the attention of the FDA. “In addition to safety risks and unproven claims, the quality of many CBD products may also be in question. Many were found to not contain the levels of CBD they claimed. We are also investigating reports of CBD potentially containing unsafe levels of contaminants.”
Since 2018, when federal legislation in deemed that hemp was not an illegal controlled substance (like marijuana), CBD has been showing up in a widening array of goods.