Cannabis, CBD, and Fleet Operations

UTICA NATIONAL RISK MANAGEMENT ALERT

Many states and Washington, D.C., have laws broadly legalizing marijuana in some form. Several of those states and Washington, D.C., have laws legalizing marijuana for recreational use, and several other states are considering fully legalizing marijuana use soon. This presents a unique challenge for fleet operators and drivers.  

Why the concern?  

Marijuana contains tetrahydrocannabinol (THC). THC is the psychoactive cannabinoid in the cannabis plant that gets people high. Marijuana use causes slower reaction time, impaired judgment of time and distance, decreased coordination – impairments that can lead to vehicle crashes.

Marijuana is primarily smoked/vaped or ingested. It is added to a variety of consumer products, including baked goods, chocolates, mints, beverages, honey, and candies. It can also be used topically and is found in oils, topical balms, bath products, and patches.

Smoking marijuana causes the most immediate intoxication, with impairment typically lasting up to five hours. The onset of impairment is delayed for other methods, sometimes up to two hours for edibles, and impairment may last much longer.

Although many states have legalized recreational marijuana, it is still illegal under federal law. For example, if you have drivers subject to the U.S. Department of Transportation Drug and Alcohol Testing Regulations, they need to be made aware that the use  of recreational marijuana could result in a positive drug test and loss of a commercial driver’s license (CDL). Depending on the frequency of use, THC can remain in the body for up to 30 days or longer.

How do I determine if an employee is under the influence of marijuana?

Currently, there is no “real-time” way to test if an employee is impaired by marijuana like there is for alcohol impairment. Urine tests for marijuana can test positive up to 30 days after use, but they cannot tell you if the user is currently impaired.

Supervisory personnel should be trained to recognize the signs of impairment. If you suspect an employee is impaired, follow your company policies and document your findings.

State laws vary widely in terms of the allowable employment actions associated with an employee’s use of marijuana. Issues such as accommodation, discrimination, and retaliation need to be carefully evaluated as they apply to employee use of recreational marijuana.

What is cannabidiol (CBD)?

CBD is another cannabinoid found in the cannabis and hemp plants. It is marketed to address a wide variety of afflictions. Since the passage of the 2018 Farm Bill, CBD products derived from the hemp plant are legal in all 50 states. Much like marijuana, CBD can be smoked/vaped, ingested or used topically and is added to many of the same products as marijuana. CBD is not psychoactive and therefore does not result in impairment.

Be aware that CBD products derived from hemp do contain some THC, less than 0.3%. Although the amount of THC is low, the use of hemp CBD products has the potential to result in a positive drug test. Employees that are subject to drug testing and/or possess a CDL should avoid these products.

To effectively address the recreational marijuana issue:

• Employers should educate themselves on the laws in effect in their state and other jurisdictions in which they operate. Although many states have legalized marijuana use, it is still illegal under federal law. If you are a federal employer or work on a federal contract, you are required to have a drug free workplace policy, regardless of state law.
• Employers have the absolute right to prohibit use at work for the safety of all employees. Employers will need to review and modify their drug policies, as you are likely to encounter positive pre-employment test results in states with recreational marijuana use and elsewhere due to the prevalence of CBD.
• Educate supervisory personnel to recognize impairment.
• Educate employees regarding the effects and consequences of using marijuana and CBD products. Marijuana is legal in many states, but it is still illegal at the federal level, therefore its use can result in failed drug tests and loss of their CDL and employment.
• Consult with your attorney and human resources department.
  
  
  

5-R-1299 |  Ed. 01-2020
The material contained in this article is for informational purposes only and is not for purposes of providing legal ad-vice. You should contact your attorney to obtain advice with respect to any particular issue or problem.