What if you are legally making use of CBD or recreational marijuana and failed a drug test? What would you do?  Are there any employment drug test protections out there? There now are many distinct laws operating their way by way of the course of action to attempt to support with these challenges, but it varies state by state.

Can CBD Result in a Failed Drug Test?

Federal law says that all CBD goods need to include much less than .three% by weight THC.  All cannabis drug tests appear for THC and THC breakdown goods amongst other factors.  A lot of who are taking CBD at higher doses (ordinarily to address chronic discomfort), can have reputable THC levels that are borderline failing based on the form of testing.  This is specifically correct if they are taking complete-spectrum goods which have a tendency to have THC close to the legal limits.

Persons in this predicament have performed nothing at all incorrect, but their employment can be place at threat based on how the testing is performed, and what levels of CBD (and then THC) they ingest.  The physique can clear components up to a limit, and at higher levels of intake the quantity of THC in your physique at any provided time can turn out to be an problem.

Shauna Staton’s Failed Drug Test

Shauna Staton is an ambulance driver in Kentucky who had specifically the above take place to her. The good outcome gave her employer (the state) no option but to fire her beneath their “no tolerance” policies.

In Shauna’s case, they had been in a position to detect 30 nano grams of THC.  That is an exceptionally little quantity.  For instance, there are roughly four.two grams of sugar in a teaspoon or sugar cube that you may well place in your coffee in the morning.  That indicates they detected the equivalent 1/100 millionth of a tablespoon of sugar in her blood.

Typically, these drug tests are performed by some thing referred to as an immunoassay.  This is an straightforward, speedy and low-cost (comparatively) screening system.  The federal limit for failing this sort of test is 50 nano grams/ml (ng/ml), but some labs will report failing outcomes at a level of 20 ng/ml in order to account for the variance of outcome in the testing.  Nonetheless, due to the fact these tests are topic to false positives, these outcomes are usually confirmed by a extra correct and extra sensitive test (referred to as Gas Chromatography – Mass Spec, or GC-MS).  Working with GC-MS, the federal limit is set at 15 ng/ml. Public records have not indicated which test form gave Shauna’s 30 ng/ml outcome. Offered the truth that she was in a position to effectively appeal, it was probably the immunoassay outcome, not the GC-MS outcome.

Shauna’s Law – Kentucky Legislation

Kentucky State Bill 83, extra affectionately recognized as “Shauna’s Law” was sponsored by Perry Clark – D- Louisville. This Drug Test Protection Legislation was introduced in January 2019 was created in order to provide drug test protection. It was written to guard staff in a drug-no cost workplace who have what amounts to a false-good test outcome (which means that they get a measurable outcome at or close to the “failing limit” but have not utilised Marijuana).  In a drug-no cost function spot a good outcome (false or reputable) could outcome in an automatic firing. The bill sets up an appeal course of action that will let the employee to show that they:

  • had been legitimately making use of legal industrial hemp CBD goods
  • have receipts to confirm acquire of CBD
  • the test outcomes are constant with use of a CBD item containing <0.three% THC

If they can show these factors, then the employee has a correct to appeal and get their job back. Now, the bill is directed at public staff in the state of Kentucky. This is a very first of its sort law, and other states require to think about this predicament for their residents.

Healthcare Marijuana Patient Employment  Drug Testing Protection – DC

Washington DC is attempting to address equivalent employment drug testing protection challenges by way of new legislation. Not too long ago the Council Committee on Labor and Workforce Improvement was addressing B23-0309, the “Medical Marijuana System Patient Employment Protection Amendment of 2019.” The intent of this bill is to raise protections for healthcare cannabis individuals in the District of Columbia by generating it illegal to discriminate against them.

The rule is nonetheless beneath consideration.  In September, quite a few came to a public meeting to speak out on behalf of their several constituents.  This integrated individuals, advocates, NORML, unions and quite a few men and women straight impacted by the present predicament.

Clearly, men and women legally taking marijuana for healthcare purposes need to not be prosecuted for performing so.


Employers No Longer In a position to Reject Applicant Due to Marijuana Test Outcome – Nevada

In 2019, Nevada has passed a distinct “first of its kind” Drug Test Protection Legislation. Governor Steve Sisolak signed into law Assembly Bill 132. This bill inhibits employers inside the state of Nevada from rejecting applicants solely on the basis of a failed cannabis drug test.  An additional bill, Assembly Bill 192, also makes it possible for for men and women who have had low-level possession charges to potentially be expunged from their records.

This sort of considering advantages healthcare and recreational customers alike.  Other states which have legalized healthcare and recreational use require to stick to this forward considering. Maine passed the incredibly very first legislation which viewed as the rights of recreational customers.

Buds on a plate

The Fairness in Federal Drug Testing Below State Laws Act (HR6589)– Federal Government

This bipartisan legislation would roll back guidelines enacted in 1986 that created it a situation of employment for civilians in any executive branch agency not to use any federally illegal substances.  This rule is nonetheless in spot in spite of the truth that 46 states now have some sort of healthcare marijuana law with 31 states plus Puerto Rico, Washington DC and Guam generating healthcare marijuana totally legal. In addition, quite a few states (at present with Michigan and Oklahoma obtaining ballot measures in Nov) have permitted or are in the course of action of permitting recreational use of marijuana.  This proposed Drug Test Protection Legislation would make it illegal to use a good test outcome for cannabis as a sole cause for not picking a candidate if they had been following the guidelines of their dwelling state.

There are now research that are displaying that there is insufficient proof to assistance a relation amongst occupational accidents or injuries and cannabis use. Also, there are fewer absences and superior workforce participation in states with legalization of healthcare marijuana.

Bloom on a marijuana plant

Bottom Line

Protections for healthcare and recreational use of cannabis differ tremendously.  You need to know your rights prior to making use of and taking any sort of drug test.  Most states let for testing when the employee seems intoxicated at function.  Nonetheless, quite a few states with laws permitting use, specifically recreational use are now adjusting the law to guard men and women from placing their jobs at threat when they are following the law.  It would be very good to verify with your state, or with a web site that keeps up on such subjects need to you be asked for a drug test.