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CBD, THC, and Random Workplace Drug Tests

CBD, THC, and Random Workplace Drug Tests

Imagine you are sitting in a job interview listening to the HR manager talk about workplace policies. She mentions random workplace drug testing and your mind begins to race. You use Medical Cannabis from time to time to help with migraine headaches. Meanwhile, CBD supplements are part of your daily routine.

Will either Medical Cannabis or CBD show up on workplace drug tests? And if so, could the results of a drug test prevent you from being hired? You just don’t know. You are terrified when the HR manager directly asks you about drug use.

First of all, relax. We have come a long way here in Utah regarding Medical Cannabis and cultural acceptance. You may have nothing to worry about. Just explain to the HR manager why you use Medical Cannabis. A simple explanation can go a lot further than not saying anything until you test positive.

CBD and Drug Tests

You probably have nothing to worry about where most of your CBD products are concerned. CBD doesn’t show up on drug tests simply because the tests are designed to detect it. Employers generally don’t have issues with CBD because it’s not intoxicating.

As you may know, CBD products sold in the United States must contain less than 0.3% THC by volume to be considered CBD by law. So in most cases, you’ll be all right. However, there are some exceptions to pay attention to:

  • Full-Spectrum Oil – Full-spectrum CBD oil does contain THC, albeit at a volume below the legal limit. Such a product could cause you to test positive for THC.
  • Broad-Spectrum Oil – A broad-spectrum product has been treated to remove even trace amounts of THC. You should be okay. But always check a product’s certificate of analysis just to be sure.

If you prefer CBD isolate, you should have no worries at all. An isolate is a concentrated form of the cannabinoid. There should be no THC in it whatsoever.

THC and Drug Tests

THC does show up on workplace drug tests because the tests are designed to detect it. You are using Medical Cannabis to treat chronic pain, so there is a good chance that at least trace amounts of THC will be in your system when a random drug test is called for.

Here’s what you need to know regarding the law in Utah: private sector employers retain the legal right to establish their own workplace drug policies. The law allows them to say no to Medical Cannabis if they choose. This is primarily because private-sector employment is at-will employment, giving both employer and employee the legal right to terminate the relationship at any time and for any reason.

This is not to say that a prospective employer would refuse to hire you because you use Medical Cannabis. A simple explanation may be enough to satisfy an HR manager that you are not a risk. As for public-sector employees, the law is much different.

Thanks to a pivotal court case and action taken by the state legislature, public-sector employers are required to treat Medical Cannabis like any other prescription medication. As long as cannabis consumption does not affect an employee’s work or present a safety issue, employees cannot be discriminated against for Medical Cannabis use.

Things Are Getting Better

Things are getting better with Medical Cannabis in Utah. The current legal framework certainly isn’t perfect, but it is a lot better than it was three years ago. That being said, your best bet regarding CBD, THC, and random workplace drug tests is to know and understand what the law says. Knowing your legal rights is the best way to make sure they are not infringed upon.

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Published October 25, 2022

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