CBD, for its part, is increasingly being marketed for its health benefits including for anxiety, depression, chronic pain, and insomnia, among others; this raises the query of its legal use at workplaces. Though CBD derived from hemp is not psychoactive and does not create the high of marijuana, its legal use in the workplace has remained enigmatic depending on jurisdictions, especially in the United States and Canada.

 When it comes to CBD, what does the law say?

 CBD remains technically legal due to its connection and relation with cannabis although its use in different products appears to be legal. Currently in the United States, thanks to the 2018 Farm Bill, hemp-derived CBD that contains not more than 0. 3% THC or less on the federal level a classification that divides cannabis into three categories. Nonetheless, the rules regarding its sales remain as each state has the power to regulate the industry, and this results in numerous legalities. These laws and legislations range from allowing CBD for both medicinal and non-medicinal use in some states, some allowing the use for medicinal use only and some prohibiting its use altogether.

 So, in Canada, the problem is the same or it is a little different Some aspects are quite similar, while some are fairly different. While cannabis for recreational use was legalized across the country in 2018, CBD is still listed under the Cannabis Act. This implies that it is legal to use CBD products, but they have to be bought from shops authorized to sell them, there is no difference between the two as far as the law is concerned. The absence of such distinction makes it challenging to regulate the use of CBD, especially in the workplace.

 Work-Related Cannabidiol

 CBD at work is still relatively ambiguous since employers have their policy concerning substances taken by employees. In both the United States and Canada, employers have the employer’s right to decide and set organizational policies that involve drug and substance use at their places of work. What this means is that even when the use of CBD is legal in your area the employer may still not allow the use of CBD during work.

However, in Canada, employers are not allowed to terminate an employee’s services or demote him or her for utilizing CBD or cannabis for medical reasons. Employers are obliged to allow the workers to use cannabis including CBD if they have a medical prescription for such without violating the measures that will amount to undue hardship. However, this accommodation does not mean that everyone will be allowed to consume CBD in the workplace, and it’s ambiguous what happens to its users who consume it recreationally.

 However, the laws that govern the use of CBD at the workplace are not very clear for employees in the United States. Even though Employers are bound by the Americans with Disabilities Act (ADA) to make reasonable accommodations for disabled employees, this does not include using CBD especially if it violates federal or state laws.

 Drug Testing and CBD

 The possibility of drug testing is one of the biggest worries of employees whenever they decide to use CBD products. CBD is not frequent on standard drug tests, but many products that have CBD contain very little amounts of THC, a psychoactive compound present in cannabis. In the U. S., the drug test primarily targets marijuana’s metabolite THC, and thus taking full-spectrum CBD products that have even trace amounts of THC can lead to a positive test.

 Drug testing is prohibited in Canada as a general rule as it is a violation of the employee’s human rights notwithstanding their status with their employer except in circumstances where testing is considered reasonable and justified due to the sensitivity of the employee’s job. Yet, the employees should be very careful especially when using the products that contain THC when taking CBD.

 To avoid falling prey to products that will make you fail a drug test, one should buy CBD products from trustworthy manufacturers who forward their CBD products to third-party labs for testing. This eliminates the chances of getting a result on a product that is different from that described and advertised to the consumer.

 Employer Policies and Accommodations

 Employers have the right to discipline their employees as per the policies they have set regarding the use of substances. CBD isn’t psychoactive and doesn’t affect cognition, psychomotor skills, or mood; however, its sale frequently comes under similar restrictions as those for other cannabidiol products in many countries. This means that employers can forbid the use of CBD during working hours, especially for companies that have some hazardous operations.

 However, if an employee’s condition is such that CBD could help alleviate it, then accommodations may very well be made. Currently, the duty to accommodate in Canada covers persons with medical prescriptions to use cannabis which includes CBD. This could be permitting the employee to consume CBD in his/her free time or using breaks at the workplace for medicinal purposes.

 In the United States, however, the issues are not this simple. Although some of states have legislation that protects job applicants and employees who use medical marijuana, these laws may not extend to CBD. Moreover, federal law has banned marijuana along with CBD products derived from it making many employers and employees face legal challenges at work.

 Conclusion

 Currently, the use of CBD at the workplace can be considered legal but the situations may differ depending on your geographical location and company’s policy. Even though CBD is legal in several circumstances in both the U. S. and Canada, its application at work is normally prohibited. Employees need to be abreast with their employer’s stand on CBD and cannabis use and ensure that they are using products that do not contain THC, especially for companies that conduct drug tests.

 When people have some disease they need CBD and we recommend talking with the employer and finding the possibility of reasonable accommodation. It is expected that as people embrace the use of consume CBD the policy of organizations will change to allow use and adapt to the change and legality of its use. Before that, it was possible to use CBD at the workplace based on legal freedom and effective communication with the employer.