Cbd Oil Health: What's Legal For New York Employees?

CBD oil is a rapidly evolving industry with changing laws and new products. CBD is legal in New York, but it is important to understand the laws and regulations surrounding its use. In New York, hemp-derived CBD oil with THC content not exceeding 0.3% is permitted for adults 21 and older. These individuals are allowed to possess up to three ounces of cannabis and 24 grams of concentrate. However, the laws regarding CBD in the workplace are more complex, and drug policies may vary across employers. While CBD is generally well-tolerated, it can interact with other medications, and drug tests may confuse CBD use for marijuana use. Understanding the legal landscape of CBD in New York, as well as one's rights as an employee, is crucial for informed decision-making.

CBD oil with THC content under 0.3% is legal in New York State

CBD oil derived from hemp became legal in New York State in 2021, following the 2018 Farm Bill that removed hemp from the list of controlled substances. This bill also allowed for the cultivation of hemp in the U.S. per federal law. In New York, individuals over the age of 21 can purchase CBD products from licensed retailers, and retailers are allowed to sell in locations where 90% or more of individuals are 21 or older.

Despite the legality of CBD oil with THC content under 0.3%, it is important to note that employers in New York may still have a "zero-tolerance" drug policy. This means that even if an employee is using CBD oil legally, a positive drug test for THC may be grounds for termination. This is because drug tests do not differentiate between CBD and marijuana use, and marijuana is still illegal in New York for those under 21 years old.

In one case in North Carolina, a woman was fired from her job after a drug test revealed THC in her system, which she attributed to her use of over-the-counter CBD oil for chronic pain. The woman sued for wrongful termination, arguing that the low levels of THC did not impair her under federal Department of Transportation regulations. The court ruled in her favor, holding that CBD oil is a legal product even if it contains small amounts of THC.

To avoid legal complications, employees in New York who use CBD oil are encouraged to disclose their use to their employer, especially if it is recommended by a medical professional for health conditions. This way, if a positive drug test occurs, the employee's situation can be evaluated on a case-by-case basis.

Drug tests may confuse CBD use for marijuana use

CBD oil is a rapidly evolving industry, with changing laws and new products constantly being developed. Drug tests may confuse CBD use for marijuana use, as CBD products are not regulated in the U.S., and there is no way to ensure THC levels remain low in products. While hemp-derived CBD is required by law to contain less than 0.3% THC, and most CBD products come from hemp, contamination with THC may and does occur. This is more likely to happen if the CBD is marijuana-derived or if it is a full-spectrum CBD product, which contains all the compounds that naturally occur in the plant they were extracted from.

Broad-spectrum CBD is less likely to be contaminated with THC, as all the THC is removed. However, it is difficult to trust that the ingredients listed on the packaging are what is in the product, as studies show that most CBD products are not accurately labelled. This means that even if a product is labelled as broad-spectrum and THC-free, it may still contain THC.

Drug tests for cannabis aim to detect THC, not CBD. However, there is no standard level of THC evaluated across all drug tests, and different tests have different cutoff levels for positive THC results. This means that even if a person is not impaired, they may still test positive for THC.

In the state of New York, it is legal for adults 21 and older to possess up to three ounces of cannabis and up to 24 grams of concentrated cannabis outside their home for personal use. However, it is illegal for people under 21 to possess, sell, or use any amount of cannabis. It is also illegal to sell any amount without a cannabis retail license, and there are restrictions on where cannabis can be smoked or vaped.

If an employer has a "zero-tolerance" drug policy, an employee's CBD use resulting in a positive drug test could be grounds for termination. However, if an employee has previously disclosed CBD use, the situation may need to be evaluated on a case-by-case basis. Since CBD is legal in some states but unregulated, employers cannot issue a blanket statement prohibiting its use. However, employers should educate employees on the issue and carefully examine the CBD and controlled substances laws in their jurisdiction.

Employees can be fired for having CBD in their system if it results in a positive drug test

CBD products are not regulated in the U.S., which means there may be high enough levels of THC in CBD products to trigger a positive drug test. In addition, THC can accumulate in the body over time, which may also result in a positive drug test. As a result, employees can be fired for having CBD in their system if it results in a positive drug test.

In Lehenky, for example, the plaintiff employee was terminated after testing positive for CBD, specifically for the "presence of marijuana metabolites (tetrahydrocannabinol, otherwise known as THC)". The plaintiff sued her former employer for disability discrimination under the Americans with Disabilities Act ("ADA") and comparable state law, claiming that she was disabled and using CBD to combat the effects of her disability, Panniculitis, an inflammatory autoimmune connective tissue disease. The court found that the employee was aware that the CBD she was treated with could "have a low level of THC", so her failure to inform her employer constituted an "illegal use of drugs" under the employer's Policy.

In another case, a woman was fired from her job in North Carolina after a drug test revealed THC in her system. The woman used over-the-counter CBD oil to treat chronic pain from fibromyalgia, which had been cleared by her rheumatologist and disclosed to her employer. The woman sued for wrongful termination, noting that the low levels of THC did not meet the threshold level of impairment under federal Department of Transportation regulations. The court held that CBD oil is a legal product under North Carolina law, even if it contains small amounts of THC that would otherwise be considered a controlled substance.

While these cases create a great deal of questions for employers and their drug policies, it is important to note that employers can still rely on robust, overbroad drug policies when taking adverse action against employees for drug use in the cannabis context, even if the use is recommended by a doctor. As long as an employer believes that an employee was using a product containing any THC at the time of termination and acts in compliance with company policy, the employer's right to discipline, fire, and refuse to rehire that employee will be protected under the ADA, even if the product is fully legal under federal or state law.

To avoid confusion and potential legal issues, employers should educate employees on the issue of CBD use and carefully examine the CBD and controlled substances laws in their jurisdiction. Employers should also consult with their employment attorney before revising their drug policy to ensure it is well-structured and defined.

Employees are not obligated to disclose CBD use to their employer

CBD oil is legal in all 50 states, with some variation in restrictions. For example, in New York, it is legal for adults 21 and older to possess up to three ounces of cannabis and up to 24 grams of concentrated cannabis outside their homes for personal use. However, CBD products are not regulated in the U.S., and there is very little guidance from the courts on whether employers should accommodate CBD use when creating their drug policies.

CBD products are commonly used to help relieve a variety of physical and psychological ailments, including depression, anxiety, pain, and inflammation. While many CBD products do not contain enough THC to result in a positive drug test, some broad- and full-spectrum CBD products may contain low levels of THC that can accumulate in the body and trigger a positive drug test.

In the U.S., there is a federal zero-tolerance policy on THC, and employers have the right to terminate employees who test positive for THC, even if the employee is not impaired and the CBD product is legal. This has resulted in lawsuits claiming wrongful termination, particularly in cases where employees have disclosed their CBD use to their employers and have medical authorization for its use.

Due to the lack of federal protection from discrimination for CBD users, several states have passed laws protecting medical cannabis patients from the consequences of failing employment drug screenings. However, the protections regarding the use of CBD in the workplace have not been addressed by federal lawmakers, and there is currently no duty for employees to disclose their CBD use to their employers.

Therefore, employees are not obligated to disclose their CBD use to their employer, especially if it is for medical reasons and has been recommended by a medical professional. However, employees should be aware that they may still face adverse consequences, such as termination, if they test positive for THC, even if it is from a legal CBD product.

Employers should educate employees on CBD laws in their jurisdiction

The use of CBD oil and other CBD products is a rapidly evolving topic, with changes in legislation and the development of new products. As a result, employers should educate their employees on CBD laws in their jurisdiction to ensure compliance and avoid legal issues.

CBD, or cannabidiol, is derived from the cannabis plant, which contains hundreds of compounds, including THC (tetrahydrocannabinol) and CBD. THC is the psychoactive compound that gives users a 'high', while CBD does not have this effect. CBD is often used to help with physical and psychological ailments, including depression, anxiety, pain, and inflammation.

In the United States, the 2018 Farm Bill federally legalized hemp production and cannabidiol (CBD) derived from hemp with less than 0.3% THC. However, individual states have varying laws regarding CBD and cannabis. For example, in New York State, it is legal for adults 21 and older to possess and use small amounts of cannabis and CBD outside their homes for personal use. On the other hand, in North Carolina, while CBD is legal, marijuana is still illegal, creating a grey area that has led to lawsuits regarding employee termination due to CBD use.

Employers should be aware of the laws in their specific state or jurisdiction regarding CBD. They should also understand that CBD products are not regulated in the US, and some products may contain higher levels of THC than advertised, which can result in positive drug tests for THC. This is a significant concern, as many employers have implemented zero-tolerance drug policies, and employees who test positive for THC, even if it is from legal CBD use, may face disciplinary action or termination.

To navigate this complex issue, employers should educate their employees about the risks of CBD use, particularly regarding drug testing. Employers should also carefully examine the laws in their jurisdiction and consult with legal professionals to ensure their drug policies are compliant and do not discriminate against employees who legally use CBD. By taking these steps, employers can avoid legal issues and create a safe and informed workplace for their employees.

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