Kentucky Proposes Law To Protect Workers Taking CBD

There is a proposed law in the state of Kentucky seeking to protect workers from employer retaliation after taking CBD.


So, what happens when THC shows up after taking CBD? Hemp-derived CBD products and supplements have trace amounts of THC; the psychoactive ingredient in marijuana that yields the high feeling when you take marijuana. When imprecise testing procedures and the methods are used, there is a chance of getting a false positive for THC when you take CBD.

This is the situation that Shauna Staton, a Powell County EMT faced. When she took a drug test, she failed with the test results showing trace amounts of THC present in her system. That is despite the fact she was only using CBD for purposes of pain relief. Her employer fired her immediately.

Staton protested the allegations, as she was only using Bluegrass Hemp Oil, a legal CBD product. She won her appeal, and she got her job back.

Despite Staton getting her job back, her experience shows that there is still a risk for people who take CBD for medical purposes. As such, there is a need to change the laws to protect legal CBD users.

How Will Workers Using CBD Be Protected?

The bill has been designed to protect workers taking CBD, especially in drug-free workplaces. To this end, the law has provisions for appealing to all public employees who work in drug-free workplaces after failing a drug test associated with CBD. The employers are mandated to allow their employees to appeal when:

  • The employee uses legal industrial-based CBD products
  • When the employee can provide a purchase receipt of the products they use
  • When the test results are consistent with the industrial hemp-based CBD (CBD with less than 0.3% THC)

This bill effectively protects workers in need of CBD for pain management while at the same time, it educates the public on the differences between marijuana and hemp.

The Woman Who Began This Movement

Bluegrass Hemp Oil has a disclaimer that their full spectrum hemp products will contain trace amounts of THC. Given that the legal limit for THC is 0.3%, the company always warns consumers as Staton was not the first individual to run into problems.

Adriane admits that they have heard from their consumers who have run into problems with employers. The occurrence of such issues is widespread across the country.

Shauna’s Law will only protect workers in Kentucky. However, it will serve as a model for other states to follow.

Adriane reckons that Kentucky residents understand the importance of this law. A lot of people reached out to her company wanting to know how they can get involved and help ensure the bill passes. People are calling their legislators, explaining the importance of this particular legislation.

Shauna’s Law As An Model For Other States

This piece of legislation is particularly important as it is the first bill of its kind. While it will serve to protect Kentucky workers, it will stand a model for other states to copy, given that the likelihood of other states proposing similar laws.

Adriane told us that if the bill passes, it a piece of legislation that can advocate for in the remaining 49 states. Importantly, people can support similar bills with Senate Bill 83 (Shauna’s Law) as the template and model. Adriane further states that it is a straightforward bill that other states can copy.

She also suggested that workers who take CBD want to inform their employers that they take CBD before a drug test. And when a drug test is in doubt, they can request a secondary analysis that specifically determines THC metabolites level. For Staton’s case, she had 30 nanograms of THC, which Adriane says is a “really minute amount.”

The Shauna’s Laws is unique owing to what it is asking for. Importantly, we will continue to see the development of new laws protecting hemp-products users. As Adriane reckons, the helping industry will continue to grow, and the CBD products will keep showing up on the shelves in America. As such, Shauna’s Law is something that is needed to protect consumers. It will give consumers the confidence to try new healing products.

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