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can i be fired for using cbd

Also, keep in mind, employers are free to adopt a drug-free work environment. They can refuse to hire someone who fails a drug test due to the use of marijuana or terminate someone using marijuana recreationally. There’s a good chance this will change in the coming years as recreational marijuana use becomes more mainstream. Many want the laws protecting employees from discrimination based on their use of “lawful products” while off duty extended to include marijuana uses and that’s likely to happen first in states like New York.

Whether or not employers must not discriminate based on the use of medical marijuana varies from location to location. New York State legalized adult marijuana use, both medical and recreational, in March of this year via The Marijuana Regulation & Taxation Act (MRTA). The use of medical marijuana was already legal in the state.

As of 2020, 19 states including New York have enacted laws prohibiting discrimination against patients for using medical marijuana. This means most employees can’t be fired for using or testing positive for marijuana as long as they are using it for medical purposes.

This doesn’t mean you’re protected against discipline in all cases though when it comes to marijuana use. You can be fired if you use marijuana during work hours or you’re otherwise impaired during work hours by marijuana use.

What about Medical Marijuana?

CBD products are legal in New York. What should you know about how its use affects your job? Can you be terminated for using CBD?

Despite being relatively risk-free, government entities only recently began legalizing CBD. In the last few years, CBD products have increased in popularity and are available in a variety of forms, including oils, gummy candies, tinctures, and lotions.

Despite CBD use being legal in New York, employers might still be able to discipline employees for using these products. This is why it’s so important to understand the CBD market and make informed choices about the products you’re using.

New York is a CBD-Friendly State

New York is one of the CBD-friendliest states in the country. Many different CBD products are for sale throughout the state and residents are free to buy products in-store and online. Keep in mind, not all of the products are equally high in quality. This means it’s important to do your research and buy from reputable retailers.

Here’s what you need to know.

Can i be fired for using cbd

The Society for Human Resource Management has also offered guidance. “While some states have legalized recreational and medical use of marijuana, it is still illegal under federal law,” says Amber Clayton, director of SHRM’s HR Knowledge Center. “In states where it is legal, employers should ensure compliance with state laws, which may require a review of the circumstances.”

The District of Columbia and eleven states including California, Maine and most recently Illinois have made it legal for adults to possess small amounts of marijuana for recreational use, according to the National Conference of State Legislatures (NCSL).

The school district did not respond to a request for comment.

Jeanette Hales, a school bus driver in Salt Lake County, Utah was forced to either resign or be fired after she tested positive for THC, the compound that causes the high experienced by marijuana users. However, she hadn't used the drug but instead was taking CBD capsules to relieve stress. Hales received the pictured bag as a Christmas present from the district. (Photo: Susan Cohen for USA TODAY)

What If weed is legal?

Jeanette Hales, a 58-year-old former school bus driver in Salt Lake County, Utah, is one of those cases. Last month, she was told that a random drug test she’d taken for her employer, the Jordan School District, came back positive.

A federal farm bill passed in 2018 legalized some cannabis by stating that when the plants contain less than 0.3% of THC, they would be considered hemp. Plants with more than that amount would be categorized as marijuana, which remains an illegal controlled substance.

More than two dozen federal law enforcement employees, for example, have faced disciplinary action after testing positive for THC in the wake of using CBD products, says Don Mihalek, executive director of The Federal Law Enforcement Officers Association, a nonprofit professional association representing more than 26,000 federal officers.

Farm bill spurs big business

But all the legal changes can be confusing for workers, says the Drug Policy Alliance, a national nonprofit that advocates health-centered alternatives to more punitive drug policies.

Cannabidiol or CBD has been showing up in a widening array of goods. That’s because federal legislation in 2018 deemed that hemp – one of its sources – was not an illegal controlled substance.

Can i be fired for using cbd

While CBD is becoming mainstream, it doesn’t mean your employer will allow it. It may depend on the type of job you do or the type of employment you are seeking. Jobs in transportation and those dependent on federal funds may be more restrictive. It is really up to your employer. According to The National Law Review:

Here comes the complicated part, the Farm Bill states that hemp-derived CBD is legal “if and only if that hemp is produced in a manner consistent with the Farm Bill, associated federal regulations, state regulations and by a licensed grower.” It is illegal to market CBD by adding it to a food or labeling it as a dietary supplement according to the FDA and they have approved only one CBD product so far – a prescription drug to treat two rare forms of epilepsy.

Using CBD is a popular topic. I’m being asked if it can show up on a drug test and if you can be fired or have a job offer rescinded for a positive result. According to PayScale, the answer is maybe. It’s very complicated.

First, CBD is a naturally occurring chemical compound in the cannabis sativa plant which has two primary species: marijuana and hemp. CBD can be extracted from either species. The 2018 Farm Bill legalized hemp cultivation and allowed the transportation of hemp-derived products across state lines. This bill defines hemp as those plants containing less than 0.3% of tetrahydrocannabinol or THC (the compound that causes marijuana users to get high.) Both THC and CBD interact with your body’s endocannabinoid system but have different results.

There is an extreme lack of regulation in this area and it is rapidly changing.

So beware. CBD or using CBD-infused products could result in positive THC test results and it would be possible to get fired. Most employers screen for THC, current drug testing does not look for CBD. However, CBD products can contain more THC than listed on the label and that small amounts can build up in the body to detectable levels. There isn’t any uniformity in testing since each state can determine how it samples and tests help plants for THC content.