Drug testing for Marijuana in the Workplace?

Know your state laws, employee rights and your rights as an employer.

Also, know that Delta-8 THC, often derived from hemp, exists in a legal gray area, primarily due to a loophole in the 2018 Farm Bill. This bill legalized hemp (cannabis with less than 0.3% delta-9 THC) and its byproducts, but it doesn’t specifically mention delta-8.

The impact of Delta-8 THC on Workplace Drug Screenings:
Yes, delta-8 THC can show up on a drug test designed to detect THC metabolites.

Most standard drug tests, like urine tests, are designed to detect THC metabolites, and they typically can’t distinguish between delta-8 and delta-9 THC.

Even if a delta-8 product is legal in your state, it may still contain enough delta-9 THC to trigger a positive test.

Just know that employers have the right to implement drug testing policies that include THC testing, regardless of state law. Safety is a huge risk!

Productivity too…although some people might be more productive while dabbling in cannabis. Hmmm! So much to consider!!!

hashtag#thehrlady hashtag#cannabis hashtag#marijuana hashtag#delta8

With over 30 years in HR and leadership, I help organizations transform workplace culture by aligning values, communication, and accountability.  My training and speaking approach blends experience, data, psychology, and humor to make leadership real, reliable, and realistic—no buzzwords, just practical tools that the every-day human can apply immediately.   Why? Because culture isn’t built by policies—it’s built by consistency, presence, ongoing skill development and true leadership. I teach people to communicate with courage, set boundaries without guilt, and create teams that don’t need a vacation to recover from work.    

 

– Wendy Sellers, The HR Lady®  

 

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Wendy Sellers
Wendy Sellers, known as “The HR Lady®,” is a dedicated HR consultant and business partner of all size businesses, a conference speaker, and management trainer who specializes in understanding the unique culture and goals of organizations in order to improve business outcomes.

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