The CBD (cannabidiol) industry is expected to bring in $22 billion per year by 2022. But there is a downside. If a CBD product has a concentration of more than 0.3% of tetrahydrocannabinol (THC), then it is an unlawful Schedule 1 controlled substance under federal law. Employers now are struggling with determining the impact of these products on their workplaces. The United States Department of Transportation (DOT) has issued several bulletins regarding CBD products, most importantly reinforcing that it remains unacceptable for those in safety-sensitive to use marijuana and reminding employees that THC remains an illegal substance. Safety-sensitive positions include pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others. DOT-related employers should revise policies to address CBD use, train managers and supervisors on how to address positive drug tests, educate employees about CBD, and have a conversation with drug testing providers.
