A 54-year old woman in North Carolina was fired after she tested positive for THC by using CBD oil to treat a medical condition. In response, she filed a wrongful termination suit, and the judge agrees with her.
The woman’s employer remains firm on their termination. They believe that the firing was justified because THC is still an illegal substance.
“The court finds that hemp-based CBD oil made from Cannabis sativa L. containing less than 0.3% THC by dry weight is not an illegal drug but a lawful commercial product,” David S. Cayer, the magistrate judge told the press. “Therefore, the plaintiff has alleged that she was she was using a lawful product and that her use of that product was lawful.”
Jean Smith previously worked for Manheim Statesville, a car auction business. She served as a supervisor for over 14 years before being fired.
Smith was turned onto CBD as a possible way to help her fibromyalgia and anxiety. After she was prescribed several drugs that had intense side effects, her doctor recommended she try CBD.
When a windstorm blew an open truck door against her hand, resulting in a workplace accident. She was tested at the local Urgent Care. She was shocked when her test came back positive for THC.
Despite urging from her local supervisor, Cox Automotive, the parent company decided that the test results were unacceptable. Even though the CBD was recommended by a doctor and the THC levels she tested at were well below the COT detectable level for commercial drivers, they insisted she be terminated.
Her counsel is now arguing that this action would nullify the statutes legalizing hemp. If a federal judge accepts the David Cayer’s recommendation, Smith will be able to move forward with her wrongful termination case as well as her case of disability and age discrimination.