By David Laks

Maybe you’ve already heard of it: cannabidiol (CBD) oil. It’s the latest thing. It’s being marketed in health food stores, in drug stores, even in your neighbourhood convenience stores. It’s in all kinds of products in Canada and the U.S., from creams and lotions to tinctures and even food and beverages.

Employees who use these products assume they won’t test positive on a drug test because CBD oil derived from hemp contains only a nominal amount of THC (0.3% by law). THC is the psychoactive component of the cannabis plant that leads people to feel “high.” However, CBD oil isn’t regulated the way other cannabaloids are, and this means the results of the drug tests may come back differently than they expect.

The Risks of CBD

Not all marketed CBD oils are created equal. They contain various levels of THC depending on the plant variety and manufacturing process. Consumers have to be careful when selecting a product to use. Using products with CBD oils (that contain 0.3% THC or below), on their own, shouldn’t have any effects that would be obvious to an employer or coworker. And yet there may be times when a person uses a CBD product and a test might come back positive. Here are some reasons:

  1. Cross contamination: Some manufacturers have more than one product on the market. If they are making products with high levels of THC, the non-THC products (namely, the CBD products) may be impacted.
  2. Product mislabeling: Because CBD oil is not consistently regulated, some companies aren’t as careful as they claim. In fact, studies have shown that a large percentage of CBD products actually contain higher THC levels than labeled.1
  3. Test type: Most of the drug tests check specifically for THC in the blood or urine, but there are also tests that check for the full spectrum of cannabaloids, which includes CBD.
  4. Overindulging: Products with CBD use only a small amount of the compound, but a person who overindulges, especially in edible CBD products, might ingest enough to cross the legal limit.

It’s good to know when selecting these products to:

  • Avoid full or broad spectrum products, as those may contain THC above the 0.3% threshold.
  • Ensure the products are made by reputable companies with a certificate of authenticity.
  • Look closely at the state or province of origin. Some states, like Colorado and Oregon, have been producing these types of products for a long time and the restrictions are stricter. States that are newer to the industry might not be controlling as tightly.

Protecting Your Workplace

Employers have to walk a fine line. The constantly evolving landscape and complexity of this industry doesn’t help. Employers may want to carefully examine the laws in their jurisdictions before taking any action, but they do have a right and a responsibility to establish office policies that make sense.

For example, many businesses have scent-free offices. Yet many products with CBD oil come in the form of creams or lotions that may contain scents. Or an employee might use their lunch break to get a massage that uses CBD oil, not realizing that the oil is incompatible with the scent-free policy. Amending the policy to include CBD will help employees be more aware of their responsibilities.

Similarly, employers may have to modify their drug and alcohol policy to include CBD oil. The legal limit of CBD products from hemp is 0.3%, and employee drug screening tests can pick up on anything above this threshold. Educating employees about ways to select these products can protect them – and the workplace.

Contact a HUB cannabis industry specialist to determine whether your workplace policies adequately protect you and your business from any CBD-related issues.

1 “Labeling Accuracy of Cannabidiol Extracts Sold Online,” Journal of American Medical Association, 7 Nov 2017, Vol. 318, No. 17.