A judge ruled in North Carolina that a woman who failed a CBD oil drug test was terminated from her employment unlawfully even though there was THC in her system.

CBD Warning and Drug Tests

November 28, 2019

North Carolina is a progressive state in terms of CBD and one woman is very thankful for that after a judge determined her work termination to be unlawful. People worry that they will face CBD oil drug tests by their employers if they start adding CBD oil to their daily routine. However, employers do not test for CBD. They test for THC. So, why then are people worrying that they could fail a drug test?

CBD derived from hemp with less than .3% THC content is legal in North Carolina and on the federal level. Extracting CBD isolate is challenging though and many companies have taken shortcuts leaving small amounts of THC in their products. So, unless you are reading CBD product labels, looking for third party CBD lab reports and checking customer CBD reviews, you may well end up with a product with THC in it.

The woman in North Carolina failed a drug test for THC after suffering a hand injury while at work. She had been taking CBD but never wanted the psychoactive effects associated with THC and was unaware the product she was taking even contained THC. When she challenged her employment termination, a judge in North Carolina agreed with her that since all hemp products derived from hemp that contains less than .3% THC is legal in the state, her termination was unlawful. Here are some excerpts from the judge’s decision.

When two statutes apply to the same situation, he said the one that applies “more directly and specifically” is viewed as the controlling law.

According to the memorandum, North Carolina specifically legalized products made from industrial hemp with THC concentrations below .3 percent in 2015 — meaning Smith’s use of CBD oil was entirely legal.

If a federal judge presiding over the case accepts Cayer’s recommendations, Smith will be allowed to move forward on her claims for wrongful termination as well as disability and age discrimination.

Whether people are buying CBD sleep gummies, CBD 1000mg tinctures or cbd bath bombs, they should always look for a CBD certificate of analysis to know their products’ cannabinoid profile. While we all hope that every state is as progressive as North Carolina, only customers can know how to protect themselves by doing their due diligence with CBD brands. Sugar and Kush CBD products are all made with an isolate and you can find our third party lab tests right under the Add to Cart button.