Is CBD Use Safe for Work?
Employers regularly question whether CBD is suitable for the workplace. In this article we look at legalities and the health concerns surrounding CBD oil for both the employer and the employee.
Use and benefits of CBD oil
CBD stands for cannabidiol, an active ingredient found in the hemp plant. It has been receiving widespread media attention for its mental health benefits and treatment of chronic illnesses. CBD is typically taken in tincture form and wherever it is legal may be sourced over-the-counter in pharmacies and health stores. It is taken in other forms such as creams, tablets, lozenges or as a vaping liquid. CBD is marketed as being beneficial to those who suffer from anxiety and insomnia, and those with chronic pain.
Is CBD oil legal?
Cannabis is an umbrella term for all plants in the genus Cannabis sativa. Cannabis plants can be separated into two main categories, (i) marijuana and (ii) hemp. Hemp is a cousin of the marijuana plant. CBD is also a component of the marijuana plant but in itself CBD does not cause any psychoactive effects. This is due to its minimal THC content. Tetrahydrocannabinol (THC) is the active psychotropic ingredient in marijuana that makes it both controversial and illegal in most countries.
Because CBD is a cannabis plant extract, its legality is sometimes complicated by existing regulations relating to cannabis
Because CBD is a cannabis plant extract, its legality is sometimes complicated by existing regulations relating to cannabis. CBD laws vary from country to country, and state to state. In the European Union (EU) for example, regulations govern the sale of CBD in European member states. However, each country is allowed to interpret this legislation and create their own laws, and their own penalties. The legal status of CBD in the United States also varies from state to state.
At the time of writing (July 2020) CBD had the following legal status worldwide:
LEGAL: UK, Canada, Australia, Netherlands, Sweden, Colombia, Uruguay, Croatia, Cyprus, Czech Republic, Estonia, France, Mexico, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Norway, Poland, Romania, Slovenia, Spain, Switzerland, Ukraine, Chile, Peru, Bulgaria and the US states of: Alaska, California, Colorado, Maine, Massachusetts, Michigan, Nevada, Oregon, Vermont, Washington, and Washington D.C
ILLEGAL: Albania, Belarus, Bosnia and Herzegovina, Denmark, Iceland, Russia, Serbia, Slovakia, Ecuador, Paraguay, Venezuela and the US states of: Idaho, Nebraska, and South Dakota
LEGAL WITH PRESCRIPTION: Austria, Belgium, Finland, Germany, Malta, Portugal, Argentina, Brazil, South Africa, New Zealand and the US states of: Arizona, Arkansas, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maryland, Minnesota, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Utah, and West Virginia
SPECIAL CONDITIONS: the US states of: Alabama, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, Wisconsin, Wyoming)
STATUS UNCLEAR: African continent (excluding South Africa)
What are the concerns surrounding CBD oil at work?
CBD oil is not regulated as a medication: a significant safety concern with CBD is that it is sold as a supplement, and not a medication. Medications are highly regulated and undergo rigorous testing and approval. Users of CBD cannot be fully sure that the product does not contain illegal elements or contaminants such as THC.
CBD oil is sometimes marketed as a “cure-all” – even for serious illnesses: some CBD manufacturers have come under government scrutiny for indefensible claims including the assertion that CBD is a cure-all for cancer. There are also serious concerns surrounding the substitution of medically prescribed drugs with CBD oil.
CBD oil made from marijuana may be illegal to possess and transport: CBD oil from marijuana can get the user high, which is problematic while working. Users may also be prosecuted, depending on the country, for drug possession or for drug trafficking of marijuana derived products. It is worth noting that hemp derived CBD does not show up on marijuana drug screening, which specifically tests for the presence of THC.
CBD use may be illegal depending on the jurisdiction: depending on the country or state CBD oil may be illegal to manufacture, possess, and transport.
There are no long-term health studies on CBD oil effects : while there are a multitude of online testimonies hailing the health benefits of CBD oil there is no actual scientific evidence to back this up. The World Health Organisation (WHO) does state however that “In humans, CBD exhibits no effects indicative of any abuse or dependence potential. To date, there is no evidence of public health related problems associated with the use of pure CBD.”
What employers and employees should know about CBD in the workplace
Both employers and employees should be clear on the legals status of CBD in their state or country and it is prudent for employers to have a CBD Oil Work Policy for each facility under their control
It would seem that CBD oil from the hemp plant is safe for consumption in the workplace, however it may not not be legal to possess depending on the jurisdiction.
It is clear that CBD oil made from hemp and marijuana are two different products, with different effects, and different legal consequences. Employers should provide employees with information on the risks of having marijuana CBD on their possession and transporting it across international or state lines.
Both employers and employees should be clear on the legals status of CBD in their state or country, and it is prudent for employers develop a CBD Oil Work Policy for each facility under their control. It is also important to remember that regardless of state or federal drug laws, businesses do have discretion over their own drug policies.
Anyone undergoing regular drug screening should ensure that the CBD oil they use is sourced from a reputable seller, and that the product is indeed derived from hemp oil. A poorly sourced CBD product could cause an employee to fail a drugs test, resulting in a dismissal.
The use of CBD Oil as an alternative medicine, especially where the likes of anti-depressants have originally been prescribed, should be a concern to employers. This is particularly true where users are working in safety sensitive roles. Another concern is the use of CBD oil as a sole treatment for serious illnesses such as cancer or bipolar disorder. The least employers can do in these instances is to provide employees with accurate information on CBD oil from the local government health body, and monitor their well-being and performance while at work.
With better data CBD may actually prove to be a valuable treatment for modern occupational illness such as anxiety, insomnia, and chronic pain. And given the impending technological era, the arrival of CBD could prove timely for the modern worker.
Emerging Tech Safety will keep its readers and subscribers updated on developments regarding the legal status and health implications of CBD oil use.
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Garry McGauran is author and editor at Emerging Tech Safety. He has 17 years experience as a prototype risk assessor, design safety consultant, and academic research advisor, as well as heading up his own drone inspection service. He is a freelance safety consultant serving the tech, industrial, and utility sectors in Ireland and the UK.
