If you make use of CBD oil for anxiety, back pain, or as a sleep-aid, you may run into troubles with your employer and with theDOH.
If you test positive for THC because of your CBD use, the DOH will open an investigation against you. You might even be asked to refer to an impaired practitioner program like IPN or PRN.
While it may seem logical that making use of a completely legal product such as CBD should not result in the referral to a drug treatment program, this is not the reality. Under Florida law, you cannot test positive for a “drug” as defined by the “Drug Free Workplace Act.” Under the Act, cannabinoids are still considered a drug, therefore CBD is considered a drug and cannot be used.
There is clearly an argument to be made as to the intent behind the Act, and whether the Legislature truly meant to punish those making use of non-psychoactive drugs. But this issue of interpretation has yet to be addressed formally.
Consequently, both sides are open to argue their positions: whether the Act encompasses all cannabinoids. And what the boards will decide remains to be seen.
It may seem unfair that loyal employees are being terminated and reported to the Department, but employers are required by law to report a practitioner if impairment is suspected.
In fact, if a licensed health care practitioner knows that a person is unable to practice with reasonable skill and safety due to an impairment, that practitioner is obligated to report such impairment to the Department or the proper impaired practitioner program.
Failure to report can result in discipline. This puts employers and co-workers in a difficult situation. We at Chapman Law Group get phone calls almost daily from people who are referred to these programs for a positive test, even though the veracity of the results is questioned.
If you find yourself in such a position, contact the health law attorneys at Chapman Law Group. We are passionate about the defense of health care professionals like you, and we will fight for you to help protect your license, reputation and career.