Issue link: http://palletcentral.uberflip.com/i/1161332
14 PalletCentral • July-August 2019 palletcentral.com it only became legal last year as part of the federal farm bill allowing hemp cultivation and product production on a wide scale. At a recent FDA hearing, it was revealed by researchers that, out of 18 CBD products tested that were sold over-the-counter, only one of them actually contained the amount of both CBD on the label and the legal amount of THC. Some products contained far more THC than was legal, which would easily cause a user to inadvertently flunk a drug test even without signs of impairment. Some products contained too little CBD, or even synthetic substitutes (dextromethorphan was found in one) that could cause unwanted health effects. So, unless a CBD product is purchased through a legal cannabis dispensary (where all products must be grown locally, manufactured locally, tested and labeled as to components), it is a gamble when buying CBD – whether online or at a retail store in the local mall. For employers, this means that employees who test positive for THC but do not show signs of impairment may have a legitimate defense that they have not smoked pot, but only used CBD. Employers will need to determine whether to raise cutoff test values, or change policies in light of this development. It is critical for employers to understand that old, generic zero tolerance policies that do not take impairment may lead to new legal exposure. Newer medical cannabis laws are building in protections for workers and applicants that can force employers to consider whether to permit off-duty use for medical treatment, just as they would allow off-duty use of prescribed sleep or pain LABOR & WORKFORCE iStockphoto.com/Suherman Newer medical cannabis laws are building in protections for workers and applicants that can force employers to consider whether to permit off-duty use for medical treatment, just as they would allow off-duty use of prescribed sleep or pain medication.