May 26, 2022

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Court Dismisses Lawsuit of CBD User Who Tested Positive For Marijuana | Jackson Lewis P.C.

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A federal court in Pennsylvania dismissed the authorized claims asserted by a former worker who tested beneficial for marijuana on a random drug take a look at and who attributed the test outcome to CBD use.  Lehenky v. Toshiba America Electricity Systems Corporation, No. 20-cv-4573 (E.D. PA. February 22, 2022).

The employee alleged that in 2018, she was identified with an inflammatory autoimmune connective tissue disease.  She started working with a CBD merchandise immediately after hearing about its effectiveness. She under no circumstances claimed her healthcare condition, or the use of the CBD solution, to her employer.  The employer’s drug and liquor policy required personnel to report the use of medications that could be deemed “illegal” prior to becoming drug examined.  In January 2019, the worker was chosen for a random drug examination under the employer’s drug screening plan that experienced been in impact given that at the very least 2016. One particular day following having the drug take a look at, the staff offered a letter from her physician that said only that she was treated with CBD which “may have a very low stage of THC.”  THC is the psychoactive material in marijuana which can induce a good drug examination result.

The personnel examined beneficial for marijuana and her work was terminated pursuant to the employer’s policy.  The employee asserted claims of incapacity discrimination beneath the Individuals with Disabilities Act and the Pennsylvania Human Relations Act.

The courtroom dismissed the employee’s promises for a selection of explanations which include that the employer did not know the personnel was disabled, the staff was not capable for her position owing to the illegal drug use, and there ended up no details demonstrating that the employer “regarded” the staff as an illegal drug user.  The court docket also held that the drug screening plan did not impose a disparate impression on certified individuals with disabilities.  At last, the court held that a drug check to detect the illegal use of drugs did not constitute an impermissible professional medical inquiry.

This case highlights the simple fact that the use of CBD items can cause good drug take a look at final results for cannabis.  Though CBD items are marketed and bought in all places, they are not however regulated by the U.S. Foodstuff and Drug Administration.  These merchandise may well assert to have no THC in them or low ranges of THC in them, which may well or may possibly not be accurate.  Even at very low amounts, extended use of these solutions can induce constructive marijuana take a look at success.

Some states have legal guidelines allowing the health-related use of CBD products for sure clinical conditions.  Companies should really talk to with counsel to make certain their drug and alcoholic beverages guidelines tackle the use of CBD products and solutions appropriately below applicable laws.

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