Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana | Jackson Lewis P.C.

Linda Rider

A federal court docket in Pennsylvania dismissed the legal claims asserted by a former worker who analyzed optimistic for cannabis on a random drug test and who attributed the take a look at consequence to CBD use.  Lehenky v. Toshiba America Power Programs Company, No. 20-cv-4573 (E.D. PA. February 22, 2022).

The personnel alleged that in 2018, she was identified with an inflammatory autoimmune connective tissue disease.  She began working with a CBD products following listening to about its effectiveness. She in no way documented her medical problem, or the use of the CBD solution, to her employer.  The employer’s drug and alcoholic beverages policy needed personnel to report the use of medications that could be considered “illegal” prior to staying drug examined.  In January 2019, the employee was chosen for a random drug take a look at below the employer’s drug tests coverage that experienced been in effect given that at least 2016. One particular working day after taking the drug check, the employee delivered a letter from her physician that stated only that she was addressed with CBD which “may have a small stage of THC.”  THC is the psychoactive substance in cannabis which can cause a beneficial drug check end result.

The staff tested good for marijuana and her work was terminated pursuant to the employer’s plan.  The worker asserted statements of disability discrimination under the Americans with Disabilities Act and the Pennsylvania Human Relations Act.

The courtroom dismissed the employee’s statements for a amount of good reasons including that the employer did not know the personnel was disabled, the personnel was not certified for her situation thanks to the illegal drug use, and there had been no facts exhibiting that the employer “regarded” the worker as an unlawful drug user.  The courtroom also held that the drug tests coverage did not impose a disparate impression on experienced persons with disabilities.  Eventually, the courtroom held that a drug test to detect the unlawful use of medication did not constitute an impermissible healthcare inquiry.

This circumstance highlights the actuality that the use of CBD merchandise can bring about positive drug examination results for cannabis.  While CBD solutions are marketed and bought everywhere, they are not still regulated by the U.S. Food stuff and Drug Administration.  These solutions may perhaps declare to have no THC in them or minimal degrees of THC in them, which may possibly or may not be real.  Even at minimal degrees, prolonged use of these solutions can lead to favourable marijuana take a look at benefits.

Some states have legal guidelines permitting the clinical use of CBD goods for particular health care situations.  Businesses must check with with counsel to ensure their drug and alcohol guidelines tackle the use of CBD goods correctly beneath applicable laws.

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