Marijuana, CBD and Hemp Derivatives in the Workplace | Sessions

While marijuana remains federally illegal under the Control Substances Act, 38 states have legalized medical marijuana and 18 states have legalized recreational marijuana. This piecemeal state legalization along with the removal of hemp from the Control Substances Act (CSA) due to the passage of the Agriculture Improvement Act more commonly known as the 2018 Farm Bill, has led to the propagation of CBD and other hemp derivatives such as Delta 8 and Delta 10. This has caused a legal conundrum for the workplace and confusion for the human resource professional.  The testing and labeling of CBD and hemp derivative products are confusing and impacting employees in the workplace. Testing for these products may create a false positive or negative lab result and employees who believed that they were using legal products are testing positive for illegal Delta 9 THC.  A 'CBD Oracle Lab Study shows some Delta-8 products Are 7700% over the legal Delta-9 THC limit which still remains illegal.

Learning Objectives:

• Understand the differences between marijuana, CBD and hemp derivatives.
• Identify developing appellate case and statutory laws regarding the use of medical marijuana, CBD and hemp derivatives across the country.
• Identify the legal status for the use of medical marijuana in the workplace across the country.
• Analyze how CBD and hemp derivations are causing confusion in laboratories and testing.
• Analyze how CBD and hemp derivative products are falsely labeled.
• Identify potential workplace policy considerations for the use of medical marijuana, CBD and hemp derivatives in the workplace.

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