Rhys Evans | Managing Director | ALCO-Safe | mail me |
The legalisation of marijuana for personal consumption has created a lot of confusion and misunderstanding, particularly when it comes to use of the drug and workplace health and safety regulations. A proliferation of cannabis-related products has come onto the market since this legalisation, from oils to creams, pills and cannabis coffee.
This seems to be creating a perception that all cannabis is now legal, which is not the case. Hemp is and always has been legal to buy and sell, while marijuana remains illegal to purchase.
It is also still illegal to be under the influence of marijuana in the workplace, but the use of commercially available cannabis products will not cause you to fail a drug test.
Understanding the differences between CBD and THC
Much of the confusion stems from a lack of understanding of the differences between cannabidiol (CBD) and tetrahydrocannabinol (THC), both natural chemical compounds found in the cannabis plant.
All cannabis plants contain CBD but not all of them contain THC. Cannabis plants that contain less than 0.3% THC are classed as hemp, while cannabis plants containing more than 0.3% THC are classified as marijuana.
THC is the psychoactive compound that produces a sensation of euphoria, or the feeling of being ‘high’. CBD is not psychoactive at all and will not make the user high, but it has a wide range of purported medicinal benefits, and CBD products are becoming increasingly widely available.
The challenge is that the benefits of CBD are being muddled with the effects of THC, creating a significant amount of misunderstanding.
The use of CBD oil
Commercially available CBD products are all extracted from hemp plants and do not contain any THC. The use of CBD oil is becoming popular for the treatment of a number of conditions, including migraines, seizures, pain, nausea, depression and anxiety.
However, some of the reported benefits of CBD oil can in fact only be achieved using THC-containing products. This includes the use of cannabis-related products for pain management.
CBD products that are extracted from marijuana plants and contain any THC are still illegal to buy and sell.
If CBD products are purchased from a reputable mainstream supplier, and are therefore legal, they will not contain any of the compound that makes a person high. Being in possession of CBD oil or other legally procured cannabis-related products, including cannabis coffee, is not illegal and is permitted in the workplace.
Since THC is the substance that drug tests are checking for, legal CBD products will also not cause a person to receive a positive test result.
If an individual then tests positive it is because they have consumed a product containing THC, which while legal for personal consumption is still forbidden in the workplace under the Occupational Health and Safety (OHS) Act.
In short, the legalisation of marijuana for personal consumption still does not permit employees to be under its influence while at work.
However, using legally obtained and commercially available CBD products will not have any intoxicating effects. CBD products are completely legal for use both in and outside of the workplace.
