Marijuana, CBD and Hemp Derivatives in the Workplace
While marijuana remains federally illegal under the Control Substances Act, 38 states have legalized medical marijuana and 18 states have legalized recreational marijuana. This piecemeal state legalization along with the removal of hemp from the Control Substances Act (CSA) due to the passage of the Agriculture Improvement Act more commonly known as the 2018 Farm Bill, has led to the propagation of CBD and other hemp derivatives such as Delta 8 and Delta 10. This has caused a legal conundrum for the workplace and confusion for the human resource professional. The testing and labeling of CBD and hemp derivative products are confusing and impacting employees in the workplace. Testing for these products may create a false positive or negative lab result and employees who believed that they were using legal products are testing positive for illegal Delta 9 THC. A 'CBD Oracle Lab Study shows some Delta-8 products Are 7700% over the legal Delta-9 THC limit which still remains illegal.
Learning Objectives:
- Understand the differences between marijuana, CBD and hemp derivatives.
- Identify developing appellate case and statutory laws regarding the use of medical marijuana, CBD and hemp derivatives across the country.
- Identify the legal status for the use of medical marijuana in the workplace across the country.
- Analyze how CBD and hemp derivations are causing confusion in laboratories and testing.
- Analyze how CBD and hemp derivative products are falsely labeled.
- Identify potential workplace policy considerations for the use of medical marijuana, CBD and hemp derivatives in the workplace.
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Mary Celeste
Judge Mary A. Celeste (ret.) sat on the Denver County Court bench 2000-2015. She was the Presiding Judge 2009-10 and the co-founder of the Denver County Court Sobriety Court. She is currently a law school professor teaching Marijuana and the Law at California Western School of Law and at the Florida Gulf Coast University Fall 2023. She is considered a national content expert and speaker on the topic of cannabis and the law. She recently coordinated the successful National Interdisciplinary Cannabis Symposium 2022. She is a former board member of the IALGBT+ Judges’ Association and member of the Judicial Advisory Board for the Foundation for the Advancement of Alcohol Responsibility (FAAR); Faculty for the National Association of Drug Court Professionals (NADCP) and the National Judicial College (NJC). She has also served as the past chair of ABA National Conference of Specialized Court Judges; the President of the American Judge’s Association and the Colorado Women’s Bar Association Foundation, and, as a National Highway Traffic Safety Administration (NHTSA) Judicial Outreach Liaison. She has written many articles and is a national expert and speaker on the topics of cannabis, marijuana, marijuana and drug impaired driving, drugged driving, and cannabis and specialty courts.
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