A federal court docket in Pennsylvania dismissed the authorized claims asserted by a former worker who examined optimistic for marijuana on a random drug take a look at and who attributed the take a look at end result to CBD use. Lehenky v. Toshiba America Vitality Programs Company, No. 20-cv-4573 (E.D. PA. February 22, 2022).
The worker alleged that in 2018, she was recognized with an inflammatory autoimmune connective tissue illness. She started utilizing a CBD product after listening to about its effectiveness. She by no means reported her medical situation, or the usage of the CBD product, to her employer. The employer’s drug and alcohol coverage required workers to report the usage of medicines that could possibly be deemed “unlawful” previous to being drug examined. In January 2019, the worker was chosen for a random drug take a look at underneath the employer’s drug testing coverage that had been in impact since not less than 2016. Sooner or later after taking the drug take a look at, the worker offered a letter from her physician that acknowledged solely that she was handled with CBD which “could have a low degree of THC.” THC is the psychoactive substance in marijuana which might trigger a optimistic drug take a look at end result.
The worker examined optimistic for marijuana and her employment was terminated pursuant to the employer’s coverage. The worker asserted claims of incapacity discrimination underneath the People with Disabilities Act and the Pennsylvania Human Relations Act.
The court docket dismissed the worker’s claims for numerous causes together with that the employer didn’t know the worker was disabled, the worker was not certified for her place because of the unlawful drug use, and there have been no info exhibiting that the employer “regarded” the worker as an unlawful drug person. The court docket additionally held that the drug testing coverage didn’t impose a disparate affect on certified individuals with disabilities. Lastly, the court docket held {that a} drug take a look at to detect the unlawful use of medicine didn’t represent an impermissible medical inquiry.
This case highlights the truth that the usage of CBD merchandise may cause optimistic drug take a look at outcomes for marijuana. Whereas CBD merchandise are marketed and bought all over the place, they don’t seem to be but regulated by the U.S. Meals and Drug Administration. These merchandise could declare to haven’t any THC in them or low ranges of THC in them, which can or might not be true. Even at low ranges, extended use of those merchandise may cause optimistic marijuana take a look at outcomes.
Some states have legal guidelines allowing the medical use of CBD merchandise for sure medical situations. Employers ought to seek the advice of with counsel to make sure their drug and alcohol insurance policies deal with the usage of CBD merchandise appropriately underneath relevant legal guidelines.
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