On Dec. 20, the federal government amended the Controlled Substances Act to remove hemp-derived Tetrahydrocannibinol (THC) from Schedule One. While it is widely known that the 2018 Farm Act legalizes hemp and hemp based-products including CBD, Section 12619 of the act explicitly removes hemp-derived THC from Schedule One. Hence, the molecule is no longer in itself federally illegal. Its legality depends, rather, on its provenance.

Likewise, at the state level, Senate Bill 238 legalizes hemp and hemp-based products for retail sale. This includes not only CBD products, but other hemp-based products with THC levels below 0.3%.

Of course, some might assume that the minimal and nonpsychoactive levels of THC found hemp are not enough to trigger a positive test. Yet, as far back as the July 1997 issue of the Journal of Analytic Toxicology, published studies have established that the use of hemp products can result in THC metabolite levels as high at 87 ng/ml (well above the standard DOT cut-off for urinalysis).

Perhaps the most important consequence of this change in the law is that employees who use hemp-based products for medical purposes are now protected by the Americans with Disabilities Act. Employees who have a written recommendation from their physician that they use hemp or a hemp-based compound such as CBD and retain their receipt for a 2018 Farm Act compliant product, now have legal recourse if their employer were to terminate them for a positive THC urinalysis.