Worker Sues CBD Oil Maker After Positive Drug Test

Legalization of marijuana and hemp has complicated life for employers, as well as for some applicants and employees. OMA Connections Partner Franz Ward reports on a case from New York involving a professional hazmat truck driver of 29 years. While the trucker knew he was subject to regular drug testing, he told the court he used the defendant’s CBD oil after seeing an ad that claimed the product contained no THC (the intoxicating compound in cannabis). Later, he tested positive for marijuana at almost double the concentration limit. He was terminated — and then sued the seller of the oil.

Because of the unpredictable developments in this area of the law and industry, “employers should continue to act thoughtfully when making decisions regarding applicants and employees who use marijuana or CBD,” the firm advises. 10/22/2019

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