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

Photo byChris Voudris / Vapor Haus

When applying for jobs, offers may be contingent on passing a drug test, and some companies require regular drug screens. Marijuana is among the most commonly tested drugs on screens, according to Cleveland Clinic and with hemp now legal in North Carolina, regular users may face issues.

Hemp, related to marijuana, must have less than 0.3% THC by law. However, due to few regulations, some CBD products may have higher THC levels, affecting drug test results.

Why Do Employers Drug Test?

According to DISA, benefits of employee drug testing include:

• Reduced healthcare costs
• Improved employee morale and performance
• Decreased absenteeism
• Compliance with regulations
• Identifying drug or alcohol issues
• Ensuring workplace safety

Do Legal Hemp Products Show Up on Drug Tests?

Yes, legal hemp products can result in a positive drug test since they can contain THC. THC can stay in the system from three days to over a month, depending on usage.

Legal hemp products might exceed the 0.3% THC limit, increasing the chance of detection 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.

Can You Be Fired for Using Hemp Products in NC?

North Carolina is an at-will employment state, meaning you can be fired for any reason unless it's illegal, like discrimination. If a drug test detects THC, you might be terminated.

You could contest the termination if you believe it was discriminatory or fell under the state's lawful use of lawful products statute, which protects lawful product use during nonworking hours.

However, success isn't guaranteed. For instance, a federal judge ruled against a Greensboro woman who sued after being fired for CBD use, as she failed to prove disability and violated company policy with positive drug tests.