Employees can get away with CBD oils, but not THC.
Cleveland.com covering Northeastern Ohio, recently published Samantha Santoscoy’s opinion that Ohio’s medical marijuana law will not protect patients in the workplace.
Even though Ohio accounts for the 26th state to legalize medical marijuana, the bill does not protect patients in workplace situations.
The bill states that patient information should be confidential, but fails to protect patients working for zero-tolerance companies performing drug tests. This is clearly conflicting legislative logic. The mandate on confidentiality acknowledges indirectly that the stigma around marijuana cannot threaten a patient’s livelihood, yet the law does not intervene with drug-testing policies and doesn’t protect patients from being fired from their jobs.
Positive drug test doesn’t mean you’re stoned
To test for marijuana is not scientific, she says, as THC levels don’t correlate to intoxication, unlike in alcohol. THC metabolism is much slower and users can test positive days after use. Workplace testing is usually done on urine samples, which can test positive up to 5 days after occasional use and for up to 3 weeks in regular users. This clearly shows that testing for marijuana does not determine if someone is ‘high’ on the job. It only determines whether they use marijuana containing THC. CBD oil containing no THC will not bring about a positive drug test.
The truth is that companies do these tests because they are concerned about workplace intoxication. Numerous studies show the benefit of medical marijuana to patients with limited negative effects, says Santoscoy. Yet employers still assume medical marijuana users will be less productive and responsible than other employees. In states with similar laws, people have been fired due to this stigma.
“Violation of human rights” says Santoscoy
These actions are a violation of human rights, she concludes. States such as Arizona, Connecticut, Delaware, Maine, and Rhode Island have all passed measures to prevent such injustice. It would be perfectly reasonable to expect from Ohio to follow suit.
It may be argued that the government can’t interfere with company policies, however the first Guiding Principle in the 2013 U.S. Government Approach on Business and Human Rights states that governments have a “duty to protect against human rights abuse within their territory,” which requires them to use effective legislation to prevent such abuse.
If states’ governments refuse to take action, it may be up to the federal government to establish protection for medical marijuana patients. If the U.S. Drug Enforcement Administration reschedules marijuana as a Schedule II controlled substance as many speculate they will, marijuana will be recognized as a medication under federal law.
The change from a Schedule I to Schedule II controlled substance would also eliminate legal discord between states that have legalized marijuana and federal government.
A change at federal level will urge lawmakers to recognize the errors in the current policy and extend ADA protections to medical marijuana patients.
Where does all this leave CBD oils users?
Cannabidiol or CBD oils patients have nothing to fear. If you choose a reputable oil from hemp that has been tested and has extremely low levels of THC (as true hemp does), you have absolutely nothing to worry about. You will not test positive for THC when the levels of this cannabinoid are so low.