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begun to change this7


, but a there is a lot of


work ahead. As it stands today, CBD products could


contain elevated levels of THC that could be found in an employment drug test. A positive test for THC may also become more likely with excessive use of CBD products containing elevated levels of THC. Tere have been several recent reports of employees failing their drug test that claim to have only used CBD, not marijuana. In a handful of those instances, the consumer has, in turn, filed suit against the product manufacturer for ‘false claims’ and other misrepresentation. It is undoubtedly buyer beware; employees are cautioned to do their homework before choosing to use a CBD product, especially if their livelihood could be impacted by failing a drug test.


Is CBD legal? Tere are currently 33 states and Washington D.C. that authorize the medical use of marijuana. (Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusets, Michigan, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma,


20 datia focus


Oregon, Pennsylvania, Rhode Island, Utah, Vermont, Washington, and West Virginia)8 Tere are 17 states and Washington D.C.


.


that specifically allow the limited medical use of CBD, but only in oil form, with restrictions on the levels of THC content and only for the treatment of specific medical conditions. (Alabama, Georgia, Indiana, Iowa, Kentucky, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Wyoming, and Wisconsin)9


.


Other states have recently passed non- medical CBD use laws. Tere are only two states where all marijuana and marijuana- derived products, including CBD, are illegal (Idaho and Nebraska). Medical authorizations aside, there are


currently ten states that allow the personal ‘recreational’ use of marijuana and related products, including CBD. Te 2018 Farm Bill, titled the “Agricultural Improvement Act of 2018”10


was signed into law by the


president on December 20th, 2018. Te act, among other things, makes hemp an agricultural commodity, obtainable for commercial uses, gives the states the power to oversee hemp production & distribution and takes away the Drug Enforcement Administration’s (DEA) authority over hemp.


summer 2019


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