CBD oil is almost ubiquitous right now, with the supplement being recommended for a laundry list of common ailments, from chronic pain and anxiety to epileptic seizures and cancer.

Unfortunately, CBD oil is closely related to marijuana, which is federally classified as a Schedule I substance under the Controlled Substances Act (CSA). While employment laws concerning marijuana use are clear, the same isn’t true for CBD oil.

Of more concern, an increasing number of employees are having their job offers rescinded due to drug tests showing THC in their systems. But that's because more and more people use CBD oils.

Take the case of Audra Dieffenbach, for instance. The temporary worker from Wells, Maine suffered a huge shocker after her job offer with MaineHealth was rescinded after a mandatory drug test showed that she’d excessive levels of THC in her system.

She isn’t alone.
The same happened to Suzan Chandler, a nurse practitioner based in Hillsboro, Oregon after a recruitment-mandated urine drug test returned positive for high THC levels.

Likewise, Chandler lost an opportunity to advance her career at a local urgent care facility after the recruiters revoked the job offer following the positive drug test.

Unlike the vast majority of people whose urine drug tests come back positive for THC, Chandler and Dieffenbach didn’t actually use marijuana. Neither did they abuse opioids nor other prohibited substances.

All Chandler — and many others who’ve suffered the same fate — did was use CBD oil, which is actually allowed by the law. So, technically, they are victims of disconnect in employment law and outdated HR policies.

This begs the question: what should forward-thinking HR departments do to prevent fit candidates from being unfairly disqualified this way?

While employment policies are certainly up for an overhaul, here are 5 facts recruiters should keep in mind in the meanwhile when it comes to employees using CBD oil.

What exactly is CBD Oil?

CBD oil is a natural supplement made from hemp extract and is currently used to manage or treat a myriad of health conditions, including anxiety, chronic pain, ADHD, autism, and even cancer, to name a few.

The essential ingredient of CBD oil is cannabidiol (CBD for short), one of the over 100 cannabinoids present in the cannabis plant and industrial hemp.

The other well-known cannabinoid is THC, which is the most prevalent active chemical in the marijuana plant. THC has psychoactive effects, meaning it makes you feel euphoric or high when you take marijuana.

CBD doesn’t produce these effects, which is why it’s generally considered safe to use at home, work or school. Find out more about science-backed benefits and effects of CBD.

#1. Marijuana and CBD oil are not one and the same
CBD oil is derived primarily from industrial hemp which has zero or trace amounts of THC. In fact, most hemp strains have historically been bred and grown especially for making a broad range of industrial and commercial products that include textiles, paper, insulation, ropes, clothes, shoes, and even bio-plastics.

Note also that hemp oil and CBD oil are not the same. While hemp oil is derived from hemp seeds, CBD oil is extracted from several parts of the plant, including stalks, leaves, and flowers.

The marijuana plant, on the other hand, may contain between 3 and 30 percent THC, which makes it potent and intoxicating. That’s why most people who use marijuana medically, recreationally or otherwise return positive tests for THC.

#2. CBD oil is legal
Following the passing of the Agriculture Improvement Act of 2018 (aka Farm Bill 2018), industrial hemp and hemp-derived products are now federally legal. As such, hemp-extracted CBD oil products are allowed by the law.
Note, however, that in the eyes of the law, hemp is a cannabis plant whose THC content is below 0.3 percent. Anything higher than 0.3 percent is illegal.

US cannabis-related laws are fast-evolving. However, THC and marijuana are still classified as controlled substances by the DEA, so they are prohibited under federal law of the United States.

Most employers need their recruits or potential employees to take a mandatory pre-employment drug test.
As a recruiter, you know why drug tests are important during the hiring process. First of all, you may be filling a position subject to state-mandated or federally-imposed safety testing.

Whether your employer elected to test for drugs like marijuana or it’s mandated by the law, it’s important to know that CBD oil is legal and not one of the prohibited substances.

#3. CBD oil has no psychoactive effects
Most substances on the radar of pre-employment drug tests – namely Amphetamines, Cocaine, Marijuana, Opiates, and PCP (Phencyclidine) – have intoxicating effects.

In other words, they have psychoactive properties that mess up you with brain chemistry. In a lot of cases, these drugs are not only harmful to the user but may also endanger others around them, which is essentially why they have no place in any workplace.

Unlike marijuana (or THC to be precise), hemp-derived CBD oil doesn’t have these adverse effects on your brain.
Because it’s a non-psychoactive compound, CBD doesn’t bind to brain receptors (CB1) and therefore doesn’t produce euphoria like marijuana. In that regard, CBD oil use doesn’t impair your judgment and won’t hinder your ability to deliver your job obligations.

The other way around may actually be true. Given that early studies have shown that CBD may have anxiolytic, antidepressant, and anti-inflammatory properties, it may actually help alleviate discomfort, pain, anxiety, and job-related stress.

#4. CBD oil is safe
While the purity and safety of CBD products are not standardized, high-quality CBD oils have been found to be quite safe. This can be corroborated by this 2018 preliminary WHO report.

For some people, CBD oil may have mild side effects like fatigue, nausea, and diarrhea, most of which aren’t too serious to affect their ability to be productive.

#5. CBD oil is not regulated by the FDA
Perhaps the biggest point of concern is that CBD oil is mostly sold and marketed as a supplement, just like herbal infusions, essential oils, etc.

Because CBD oil is not marketed as a medication, the FDA doesn’t monitor the purity, safety, and content of the CBD products on the market. What this means is that you can’t know for certain that the product has the active ingredients indicated on the label.

As such, the biggest issue is that a CBD oil product may contain higher than recommended levels of THC, which may show up in drug tests. In April 2019, for example, Houston police seized several bundles of CBD oil products and subjected them to random testing, only to find that most of them contained harmful synthetic cannabinoids.
Conclusion

CBD oil is one of the most talked-about supplements currently on the wellness market, and with good reason.
Preliminary studies seem to show that it may help with an array of health conditions, including chronic pain, anxiety, depression, inflammation, and even cancer. For this reason, CBD oil is too good to ignore.

Unfortunately, full-spectrum CBD oil may contain more THC content than earlier thought. This means that a routine or pre-employment drug test may return positive for THC despite the fact that an employee hasn’t been using marijuana.
This presents a new challenge and quagmire for recruiters and HR professionals. The last thing you want is to lose out on a remarkable talent because of a false positive drug test. So, is it high time we change our employment law?

It’s important that recruiters know CBD oil isn’t the same thing as marijuana. Unlike THC, CBD doesn’t produce the sensation of high, and won’t impair your judgment.

CBD oil is generally safe and currently allowed by the law if it’s derived from hemp (which legally should contain less than 0.3 percent THC).