THC Product Variety Muddles Drug Compliance Path for Employers

Employers continue to face challenges reconciling the varying legal statuses of intoxicating hemp-derived products on the market containing the psychoactive compound in marijuana, or THC, with their workplace drug testing policies.

This legal gray area was back in the forefront last week in a split decision from a three-judge panel of the US Court of Appeals for the Fourth Circuit, which rejected the US Drug Enforcement Administration’s stance that cannabinoids products derived from legal hemp become illegal after manufacturing processes.

The 2018 Farm Act, which de-scheduled hemp and its derivatives, unambiguously covers the hemp plant, cannabinoids, and any derivatives with ...