How does legal hemp impact employer drug testing in NC? Here’s what to know

When applying for some jobs, offers may be contingent on passing a drug test, while other companies require their employees to pass drug screens regularly.

Marijuana is among the most commonly tested drugs on screens, according to Cleveland Clinic .

But with hemp now legal in North Carolina, it could present problems for regular users wanting to score their next gig.

Hemp is closely related to marijuana, but by law, legal hemp products must have a THC concentration of less than 0.3% .

However, hemp products have few regulations in North Carolina , meaning your favorite CBD product could have higher levels of THC than advertised. What does that mean for your upcoming drug test?

Here’s what to know about using legal hemp products when it comes to employer drug screens.

Why do employers drug test?

According to DISA , a company that provides drug screening and background check services, benefits to employee drug testing include:

• Reduced employee healthcare costs

• Improvements in employee morale and performance

• Decreased absenteeism

• Compliance with state and federal regulations

• Being able to identify employees with drug or alcohol problems

• Providing a safe workplace for employees

Do legal hemp products show up on drug tests?

Since drug tests detect THC, it is possible for legal hemp products to yield a positive result on a drug test.

THC can stay in your system for as little as three days, or as long as a month or more , depending on how much of it you ingest, Dr. Kelly Johnson-Arbor, a triple-board certified medical toxicologist and co-medical director of National Capital Poison Center in Washington, D.C., told Forbes Health .

“THC is fat soluble and can be stored in body fat for a long time ,” said Dr. Johnson-Arbor. “Chronic THC use can lead to accumulation of THC in fatty tissues, and the THC can then slowly release into the bloodstream over time.”

Though legal hemp products can only have a THC concentration of up to 0.3%, they can sometimes exceed the limit, making it more likely that the substance will show up on a drug test , according to Johnson-Arbor.

Can you be fired for using hemp products in NC?

North Carolina is an employment-at-will state , meaning you can be fired at any time for any reason , except for an illegal one, such as discrimination, according to the N.C. Department of Labor.

If you are fired after a positive drug test that detected THC, you could fight the termination you believe it was due to discrimination, or if it falls under the state’s lawful use of lawful products statute , which limits employers from restricting employees from using lawful products during nonworking hours , The News & Observer reported .

“There is very little guidance from the courts on whether employers should accommodate CBD use when creating their drug policy,” says Cranfill Sumner , a North Carolina-based law firm. “With the growing amount of cannabis products that are becoming legalized in North Carolina, it is important for employers to ensure their drug policies are up to date.”

If you’re fired for a positive drug test, you could sue your employer for unlawful termination, but that doesn’t mean you’ll win .

Last March, a federal judge ruled in favor of the defendant after a Greensboro woman filed a lawsuit against her employer, claiming she was wrongfully fired for her CBD use.

The court determined that the woman, who taking two drug tests that came back positive, failed to prove she had a disability and that her employer terminated her employment for a legitimate reason, since the positive drug tests violated company policy.