Many people are turning to CBD oil to help them deal with aches, pains, and difficulties. This product is certainly not illegal, although it is barely regulated. Taking CBD oil can cause difficulties for your job if you use it at the wrong time. If you are facing discipline for CBD use, you should turn to a nursing license defense attorney.
Nurses Can Be Disciplined If CBD Use Interferes with Their Job Duties
The main issue is how and where the nurse uses CBD oil. While a nurse can use CBD outside work, they cannot use it while they are on the job or right before they begin a shift. When they are working, they cannot do anything that will impair their judgment or interfere with the care that they give patients.
California law allows for disciplinary action when a nurse commits gross negligence or repeated acts of negligence. If they make a mistake that has injured someone after taking CBD products, it can cost a nurse their license or subject them to other possible penalties.
What Employers are Looking for When They Drug Test Nurses
When a nurse is drug-tested, the main thing that an employer is looking for is the use of a product with THC. CBD is different from THC because there are no hallucinogenic properties. CBD can help nurses deal with the physical pain that comes from standing and walking on the job all day long. Even still, the use of products with THC is legal in California, and the employer may have difficulty proving when the nurse took the substance and whether they had it in their system when they were working. The same thing goes for CBD.
Be Careful About the CBD Products You Use
Still, you should be especially careful when using CBD. Many CBD products are mislabeled, and you never quite know what may be in what you are taking. You may think that you are getting one product and you are getting something completely different. Regardless of your professional status, you need to be cautious about the products that you use. There is no clinical testing data that supports its effectiveness, and the FDA has not really approved many CBD products. There is nothing that says that you cannot take CBD oil, but you should closely investigate whatever products you are buying.
How CBD and THC Differ in Drug Testing
One of the big concerns for nurses using CBD products is failing a drug test due to THC contamination. While CBD itself is not a psychoactive substance, many CBD products are not regulated and may contain trace amounts of THC. Especially full-spectrum CBD products, which are legally allowed to have up to 0.3% THC under federal law.
Why Mislabeling Matters
Mislabeling and inconsistent manufacturing can result in trace amounts of THC in CBD products. Even a small amount of THC can add up in your system over time and trigger a positive drug test.
How Long THC Stays in the System
THC can stay in your system for different periods depending on the frequency of use, metabolism and body fat:
- Single-use: Up to 3 days
- Moderate use (4 times a week): 5 to 7 days
- Daily use: 10 to 15 days
- Heavy use (multiple times a day): More than 30 days
Since drug tests don’t differentiate between legal CBD and illegal THC, any amount of THC in your system will result in a failed test.
Choosing THC-Free CBD Products
To minimize the risk of a false positive, nurses should consider using THC-free or broad-spectrum CBD products. Broad-spectrum CBD contains many cannabinoids and terpenes but removes THC entirely. Look for products that have been tested by a third-party lab and have a Certificate of Analysis (COA) to prove they are THC free.
Nursing Regulations and Policies for Impairment and Drug Use
In addition to drug testing policies, the California Nursing Board has strict rules regarding impairment and drug use. According to California Business and Professions Code Article 3 (Sections 2750-2765), nurses are not allowed to work while under the influence of any substance that may impair their ability to provide safe patient care. Even if CBD is legal at the state level, a nurse can still be disciplined if their performance is affected.
State vs Federal Law Conflicts
While California allows CBD and THC, federal law still considers THC a Schedule I substance. Nurses working in federally funded hospitals or healthcare facilities may have additional restrictions. Federal drug-free workplace policies can result in penalties for a positive THC test even if it was caused by a legal CBD product.
HIPAA and ADA Considerations
If a nurse is using CBD for a documented medical condition, they may be protected under the Americans with Disabilities Act (ADA). Employers must make reasonable accommodations for medical needs unless it poses a direct threat to patient safety. HIPAA (Health Insurance Portability and Accountability Act) ensures that a nurse’s medical information remains confidential so disclosure of CBD use should be handled with care.
Varying Healthcare Facility Policies
Healthcare facilities have different approaches to CBD use. Some hospitals have zero-tolerance drug policies while others may be more lenient if a nurse can provide proof of using a THC-free CBD product. Nurses should review their facility’s drug policy and clarify any doubts with HR.
Get Guidance and Support
Before using CBD, nurses should reach out to HR to understand their employer’s drug policy. Ask specific questions about THC thresholds, CBD product allowances and drug testing procedures to avoid misunderstandings and potential penalties. Be transparent with HR to prevent conflicts and ensure nurses understand their rights and responsibilities.
Support from Nursing Unions and Advocacy Groups
Nursing unions and advocacy groups can offer valuable guidance and support for nurses facing discipline for CBD use. These organizations can help nurses understand their rights, challenge unfair testing results and provide legal representation in hearings or disputes.
You Can Defend Yourself by Hiring a Nursing License Defense Attorney
If an employer or the California Registered Nursing Board is trying to discipline you for taking CBD products, they may have an uphill battle. You can certainly challenge the testing results and defend yourself from charges.
Every nurse has the right to be heard, whether they are being disciplined or fired from their job by their employer. In any California case, a nurse will get due process and the right to challenge the evidence against them. You will need to hire an experienced lawyer to deal with the California Nursing Board. You may even head off disciplinary charges or fight any charges against you.
