The availability–and use–of cannabis and cannabis-derived products has become more ubiquitous than poppy seed muffins, leading to a lot of uncertainties for businesses and their employees. And while positive drug screen results after eating the aforementioned muffin was a bit more urban myth than real concern, testing positive for marijuana after using cannabis-derived products has become a real and complicated concern.
How are THC, CBD, Hemp, Cannabis, and Marijuana-Related?
For those who aren’t up to speed on the current state of cannabis products and terminology, what’s the difference between them all and why does the terminology matter?
The origin of THC, CBD, hemp, and marijuana products is Cannabis, a plant with a variety of species that are cultivated for thousands of uses. Cannabis derivatives are broken down into
Tetrahydrocannabinol (THC) – a psychoactive chemical compound found in the Cannabis plant.
CBD–or Cannabidiol–a non-psychoactive chemical compound found in the Cannabis plant.
Hemp – a general term for the sterilized seeds, stems, stalks, and roots of a Cannabis plant with a THC level of less than 0.3%. Hemp is typically used to make textiles, food products, and other consumer goods.
Marijuana – the viable seeds, leaves, and flowers of a Cannabis plant with a THC level of more than 0.3%. Marijuana serves as a mind-altering substance when it is smoked, vaped, or ingested.
CBD and Safety-Sensitive Employees
Unlike THC, which binds to brain receptors creating a “high,” CBD binds to brain receptors creating a feeling of well-being, easing physical pain, and, in some cases, treating medical conditions like childhood epilepsy. There’s still a lot of research being done into the medicinal uses of THC and CBD, but the FDA has approved of its use for a variety of reasons. This is where employer concerns have arisen.
The US Department of Transportation recently updated its policy on drug and alcohol compliance and removed hemp from its definition of marijuana. This change in policy directly affects safety-sensitive employees who are subject to drug testing–pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, pipeline emergency response personnel, and others.
In a nutshell, the above employees may use hemp-derived products like CBD without legal ramifications but, should a drug test confirm THC levels of more than 0.3% in the bloodstream, medical use cannot be claimed as a legitimate explanation. Because there is currently no FDA oversight of THC levels in CBD products, safety-sensitive employees who use CBD products are responsible for monitoring their own intoxication levels regardless of the claims on a CBD product label (which are sometimes above legal limits).
Drug Screening for Your Safety-Sensitive Employees
Trustworthy and efficient drug screening tools and support are available for pre-employment screening and/or ongoing monitoring through ClearStar. Explore our exceptional candidate care, mobile apps, and services for local, national, and international teams. Ask ClearStar to streamline your drug screening protocols today.
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At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.
