A proposed law in Kentucky would protect workers taking CBD from retaliation from their employer.
What happens when CBD shows up on a drug test as THC? Hemp-derived CBD supplements have only miniscule amounts of THC, the active ingredient in psychoactive cannabis (“marijuana”) that makes people feel high. However, imprecise testing methods can sometimes create a false positive result for marijuana use.
This is exactly what happened to Shauna Staton, an EMT in Powell County, Kentucky. Though she was only using CBD for pain relief, her employers accused her of having trace amounts of psychoactive cannabis in her system after a failed drug test. Her employer immediately fired her.
Of course, Staton protested against these allegations. According to Staton, she only used legal CBD products from Bluegrass Hemp Oil. After filing an appeal, Staton got her job back.
However, the fact that using CBD can still pose risks proves there’s a need for change in legislation. And that’s exactly what “Shauna’s Law” aims to do in Kentucky.
HOW SHAUNA’S LAW WOULD PROTECT WORKERS TAKING CBD
The bill seeks to protect workers using CBD products within drug-free workplaces. It lays out an appeal process for all public employees in drug-free work environments who fail a drug test. An employer must allow their employee to complete an appeal as long as the employee:
- Uses legal industrial hemp CBD products
- Can provide a purchase receipt of said product
- Produces test results that correspond with an industrial hemp product (less than 0.3 percent THC)
A bill as such not only helps those who truly need CBD products, but also educates the public on the difference between hemp and marijuana.
SHAUNA STATON HELPED PROTECT ALL WORKERS TAKING CBD
We were lucky to have a discussion with Adriane at Bluegrass Hemp Oil on the matter to get her insight on how Shauna’s Law can change the CBD industry.
“We’ve been here to support her all throughout her pushback,” she told us. She continued:
“But she did it all herself. There’s a lot of determination on her part and we respect her for it. She didn’t ask for anything from anybody else. She knew what she was doing was right and wanted to fight for the rights for it.”
Bluegrass Hemp Oil warns all their consumers that their full spectrum products will have trace amounts of THC. The legal limit is 0.3 percent. And they warn their consumers of this because Staton isn’t the first to run into trouble with her employer.
“We’ve heard from not only our consumers but consumers of hemp products throughout the U.S. that have had similar things happen to them,” Adriane explained.
According to Adriane, people within Kentucky are aware of the importance of this law. They’ve “come out either on our Facebook page or called us because they want to get really active here within the state and help us. [They want to] call their legislators and explain the importance of passing this piece of legislation.”
SHAUNA’S LAW COULD BE AN EXAMPLE FOR OTHER STATES
The true importance of this bill is the fact that it’s the first of its kind. Though it only pertains to the state of Kentucky, it’s an example for other states who are bound to propose similar laws. Adriane told us:
“If we can get it done here in Kentucky, I absolutely think it would be something great we could advocate for across the other 49 states.”
Adriane suggested other states can use Senate Bill 83 (“Shauna’s Law”) as a model.
She claimed, “It’s a very simple piece of legislation that I think any state can mimic.”
She suggested workers taking CBD may want to inform their employers prior to a drug test. When in doubt, she added, you should request a secondary test which shows the level of THC metabolites.
“In Shauna’s case, she tested positive for 30 nanograms [of THC],” Adriane explained. “That’s a really minute amount.”
Shauna’s Law is unique in what it asks for. We’ll continue to see new laws appearing from state to state since both the hemp industry and consumers need legal protection. As Adriane puts it:
“I think if the hemp industry is going to continue on its upwards rise and CBD products are going to continue to be put on shelves throughout the United States, [Shauna’s Law] is something that needs to be addressed. We have to put something in place that gives consumers the confidence to try these healing products.”