mmj. thc. cbd. omg: introduction the employer’s … · thc increase appetite reduce nausea...

©Copyright 2020 by D. Mason. All rights reserved.

Working Partners® • 614-337-8200 • www.workingpartners.com 1

OHIO PREVENTION CONFERENCE VIRTUAL TRAINING SERIES

AUGUST 27, 2020

MMJ. THC. CBD. OMG:

THE EMPLOYER’S CHALLENGE INTRODUCTION

Consulting & Training

Community Projects

Risks: Harmful Use of Substances

Operations vs. Legal

Legal Partner: Littler

DISCLAIMER

Content is meant for informational purposes only and not

for the purpose of providing legal advice.

Should not be used as a substitute for consultation with a

legal professional or other competent advisor.

Contact a licensed attorney to obtain advice with respect

to any legal issue discussed in this presentation or

regarding a situation specific to your business.

We’re in the midst of trying to change our relationship with our culture’s

most widely used illicit drug.

MARIJUANA

Annual Percent Increases In Positive Tests

5%

14.3%

4%

2013 - 2014

2012 - 2013

2015 - 2016

2016 - 2017

8%

4%

2018 - 2019 11%

2017 - 2018

THC Increase appetite

Reduce nausea

Decrease pain and inflammation

CBD Decrease pain and inflammation

Control epileptic seizures

NEED MORE RESEARCH

2 CHEMICALS OF INTEREST FOR POSSIBLE MEDICAL USE



CANNABIS FAMILY

MARIJUANA HEMP CBD

THC

CBD

Little, if any, psychoactive effects

Unlike THC

8

CANNABIS FAMILY

High levels of THC

Low levels of CBD

High levels of CBD

Low levels of THC

MARIJUANA HEMP

2018 Farm Bill

Legalized industrial hemp

Hemp-derived CBD - federally legal if it contains 0.3% THC or less

SB 57 legalized it in Ohio, too

Marijuana-derived CBD is federally illegal • regardless of its percentage of

THC

• still classified as a controlled substance

FDA Statement, April 2019

“Selling unapproved products with unsubstantiated therapeutic claims can put

patients and consumers at risk. These products have not been shown to be safe or

effective, and deceptive marketing of unproven treatments may keep some patients from accessing appropriate,

recognized therapies to treat serious and even fatal diseases.”

Side effects? • Nausea • Fatigue • Irritability • Drug Interactions • Interaction with

Alcohol



We don’t know …

• Sustained Use • Developing Brain • Pregnancy/Newborn • Male Reproductivity

“In humans, CBD exhibits no effects indicative of any abuse or dependence potential…. To date,

there is no evidence of public health related problems associated

with the use of pure CBD.” -World Health Organization

PURE CBD?

Currently not regulated by FDA

How (or from what plant) it’s extracted

How it’s processed

How it’s packaged & labeled

No dosing recommendations

Bottom line?

No process for consumer protections: CBD levels

THC levels

Contaminants

BUYER, BEWARE.

Not typically included on workplace test

PURE CBD does not screen positive

Legal, properly packaged, hemp-derived product

Test can’t tell difference between THC-positive from CBD vs. marijuana use

Street vs medical vs. retail THC

Not accepted as explanation for a + test

(especially for DoT)

THC

Psychoactive effects

Fat soluble

Half-life

Accumulates

18



AVERAGE CONCENTRATION OF THC

0

2

4

6

8

10

12

14

% T

HC

12%

4% 35% - Plant Material

70% - Edibles

In Ohio:

20

WE KNOW MARIJUANA CAN AFFECT …

Memory

Vision

Perception of Time

Attention

Judgment

Reflexes

Perception of Performance

MENTAL VS.

PHYSICAL

OHIO:

PATIENT MUST

Be an Ohio resident and pay $50 fee

Have 1 of 21 qualifying conditions

Obtain a recommendation from a certified physician who they see in-person on an on-going basis

Purchase product in permittable forms from a licensed dispensary (no smokable forms or home-grown)

NOT drive under the influence

OHIO:

EMPLOYER GUIDANCE

Nothing in the bill requires employer to accommodate use, possession or distribution of medical marijuana (MM)

Nothing in the bill prohibits an employer from taking any adverse employment action … because of person’s use, possession or distribution of MM

Nothing in the bill permits a person to sue an employer for taking an adverse employment action related to medical marijuana.(But check with your legal counsel!)

OHIO:

EMPLOYER GUIDANCE

Nothing in the bill prohibits an employer from establishing and enforcing a drug testing policy, drug-free workplace policy, or zero-tolerance drug policy

Nothing in the bill interferes with federal restrictions on employment (e.g., DOT)

BWC

BOTTOM LINE:

Employers are not required, but are not prohibited from allowing

the lawful use of marijuana as medicine

(unless prohibited by an authority).



Currently there is no

objective standardized

measurement for

marijuana impairment.

THERE’S NO SUCH THING AS A RX FOR MARIJUANA.

WHAT’S MISSING?

Dosage & administration

Drugs interactions

Storage directives

Adverse reactions

Warnings

In every state, the responsibility for

verifying the validity of a

“recommendation” falls on the

employer.

MARIJUANA IS A COMPLEX ISSUE FOR EMPLOYERS

1. Federal law & Laws vary state to state

2. No objective way to measure impairment

3. Not a prescription

Employers need professional guidance and legal consultation to be sure their Drug Free Workplace program is meaningful, effective AND defensible.



Declaring a Drug Test Positive: Who Has Final Say on Medical Marijuana?

Infographic

http://bit.ly/NavCBDQuestions http://bit.ly/DeclaringDrugTestPostive

Handouts … Visit our Marijuana Resource Center

We’ve got tools to help employers move forward with their decision!

YES 1:1 Consultation

NO •Medical Marijuana Employer Toolkit

MAYBE Operational Considerations Toolkit

OR 1:1 Consultation

OnDemand 24/7

Sorting Out the Confusion

Around CBD

• To help businesses and their employees

better understand CBD and the workplace

• 22 minute webinar

• Downloadable resources

Available at WorkingPartners.com

under Products / Education-Training / OnDemand-24-7

MONTHLY E-NEWS:

“WAYFINDER”

For More Information

CALL - 614.337.8200

EMAIL - [email protected]

VISIT - www.WorkingPartners.com

http://bit.ly/NavCBDQuestions

http://bit.ly/DeclaringDrugTestPostive

mailto:[email protected]

mmj. thc. cbd. omg: introduction the employer’s … · thc increase appetite reduce nausea...

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