Since hemp was removed from the Schedule I drug designation at the federal level with the passage of the 2018 Farm Bill, Cannabidiol (CBD) has grown into a multi-billion dollar industry across the United States. However, the U.S. Food and Drug Administration (FDA) maintains authority over hemp-derived food and drug products, including CBD. The FDA still classifies CBD as a Schedule I drug.
As NACD’s state-by-state breakdown of CBD and marijuana policy makes abundantly clear, each state has crafted its own approach to CBD. Some states allow only cannabinoid-based products containing no tetrahydrocannabinol (THC), the psychoactive ingredient in marijuana that is illegal in amounts of 0.3 percent or more. Others allow CBD up to 0.3 percent THC and still others allow sales of CBD with 6 to 8 percent CBD, while some states only allow CBD use of any kind for people with qualifying conditions. Subsequent legalization or decriminalization of medical and recreational marijuana by certain states has added to the patchwork of state laws, rules, and regulations governing cannabis and cannabinoids.
For employers, especially those in safety-sensitive businesses like chemical distribution, the establishment and growth of this industry in such a short time has raised questions about the safety and legality of CBD products in the workplace. Issues that employers – including NACD members – grapple with abound, including:
Unfortunately, there is little clear guidance regarding answers to these questions.
What is clear is that, according to the U.S. Department of Transportation, the use of Schedule 1 drugs (which includes marijuana) for any reason is strictly prohibited. Even if a physician recommended that an employee use medical marijuana in a state where medical marijuana has been decriminalized and legalized, it is still prohibited for that safety-sensitive employee to use marijuana in said state.
Unfortunately, that appears to be where the clarity ends.
NACD members, like other employers, have differing levels of concern depending on how each company is structured and where they are located. Mike Efting of Viachem, a specialty chemical, food additive, and ingredient distributor located in Texas but doing business in multiple states, said these varying regulations do not necessarily lead to many challenges for the company, mainly because Viachem outsources its logistics.
The landscape is more complicated for other members who do have safety-sensitive employee positions. William Lane of the full-service chemical distribution and logistics company, Colonial Chemical Solutions, stated, safety is paramount. Rick Motley of Chemsolv, a chemical distributor headquartered in Roanoke, Virginia, operating its own full fleet, reiterated that sentiment, stating that his deepest concern is employees being able to do their jobs safely.
As distributors with safety-sensitive employees, Lane and Motley underscored the importance of implementing clear policies when it comes to testing (i.e., pre-employment testing, random testing, federally required tests, post-incident testing, etc.). They ensured that employees understand their company policies will remain until more advanced testing technology is available, there is a better understanding of the long-term impacts of cannabis and CBD use, and a regulatory framework for its safe and legal use and distribution is established.
As NACD works with state and federal governments to encourage common-sense statutory and regulatory approaches to cannabis testing and policies, we are committed to ensuring our members understand the importance of workplace safety regarding cannabis-related products.
To learn more about state laws relating to CBD and cannabis, workplace safety, and cannabidiol and cannabis in commerce, please visit our Cannabis Issue Page. If you have any questions or concerns about this issue, please do not hesitate to reach out to me to discuss.
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