CHARLOTTE — Many people turn to CBD products to relieve pain and stress. CBD products are legal in both Carolinas as long as they are derived from hemp rather than marijuana and only contain a certain amount (0.3% or less) of THC, the chemical responsible for high concentrations.
However, the FDA does not regulate these products. Therefore, if the labeling is not accurate, you could ingest more than 0.3% and have a positive reaction at work.
Michael Sims owns Crowntown Cannabis. “We are telling all our customers that this is a real threat,” he said. “This is a real problem.”
He told Action 9's Jason Stoogenke that they test their products randomly to make sure they don't exceed legal limits. But he still puts a flame emoji on everything containing THC, so customers know the risks of drug testing.
“If you have to take a drug test, we're telling people that if they take this product, they won't pass the drug test,” Sims said. “Even though it’s a legal product.”
Everyone knows that, including Will Fong. He is an employment lawyer and said one of his clients took CBD for pain and anxiety, which cost her her job.
“This was kind of an awakening for her. This could happen to me too,” he told Stugenke.
She sued her employer. Both parties agreed that she was an excellent worker. In fact, the court noted that her supervisor stated that she had “never seen any signs of poor performance.”
But it didn't matter. She failed two drug tests and the company fired her. “That's the only reason they fired her,” Fong said.
In fact, he says: “Her boss at that job quit and found another job elsewhere, and he actually hired her because he was so happy with her performance.”
Still, the court sided with her former employer, arguing that it had the right to do the same.
Mr. Stugenke contacted the company that fired Mr. Fong's client and asked if they had any thoughts to share on this new issue. This report was not completed in time.
Fong said the takeaway from this case is that employees need to be careful and employers will have to make tough decisions.
“If an employee tests positive because they were taking something legal and simply failed a drug test, you can safely fire them if you have a drug testing policy. I think the question you have to ask yourself is should you do that?'' he said.
Kevin von der Lippe is a private investigator with Catapult, a nonprofit organization that provides human resources services to employers. He told Stugenke that he believes companies are working on this issue.
The Journal of the American Medical Association reported earlier this year that researchers looked at federal statistics from 2006 to 2020 and found that after these states legalized recreational marijuana, workplace declines among workers ages 20 to 34 increased. published a study that found injuries increased by 9.6%.
“This is not a huge move, but there are certainly some companies that have decided not to test for that,” he said. “It's a risk-reward type of equation. Can we attract more employees? Are there safety concerns?”
Mr. Stugenke's points:
– Please be aware that there are risks when using CBD products. they are unregulated. So even if you think what you're using is legal, it might not be.
– Employers can do what they want. A drug test will be conducted, and if you fail, you could be fired.
– If you're concerned, you may want to start by checking your company's drug policy. See if it tests for THC.
Video: Amid controversial arrests over THC cigarettes, what's legal in North Carolina?
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