GREENSBORO, N.C. — People use CBD products for all kinds of things, to sleep better, pain management, and anxiety.
The claim is these CBD products don't contain THC and won't show up on a drug test as marijuana, but that's not what's happening.
A WFMY News 2 viewer wrote in:
I have applied for a job and was offered the position. My drug screening came back positive for marijuana. I do not smoke but I take CBD oil for fibromyalgia and migraines. If I bought it at a local store then it should be legal so why am I being denied?
The answer is two-fold. There are law issues to consider and there are problems with the product.
The FDA does not regulate CBD products, which means THC contamination can happen. And some products could have enough THC levels to make a drug test positive.
“There's a lawful use of lawful products, there is a statute in NC that governs that but what most employment attorneys say and we're talking about this a lot. If you're going to go that route, you need to keep the receipts for every single purchase you make of CBD gummies,” said Nicole Patino of Law Offices of Nicole Patino.
The problem is, that by the time you use this law, you're at odds with your employer.
So, the recommendation is, to tell your employer before you start using CBD or tell your prospective employer before you take the drug test and have proof you need it.
“If a doctor is suggesting an employee take CBD, they should get a doctor's note if they can. Make sure the employer is aware and ask for reasonable accommodation. The employer may or may not depend on what sort of position you have,” said Patino.
She says no court has decided yet that CBD products are a reasonable accommodation that an employer is required to make.