Can You Be Fired for CBD?

I get a lot of questions from people about whether they can be let go from their jobs due to a positive drug test when they take legal CBD products. When I do get these questions, I have to send people to my very knowledgeable employment law colleagues for their thoughts. When I heard this piece on Texas Standard addressing this very question, I thought I’d share it.

Melanie Farr, from San Antonio, filed a lawsuit after having been fired from her job as a drug counselor for testing positively on a drug test after consuming CBD. Ms. Farr suffers from multiple sclerosis, and acted in accordance with her doctor’s recommendations when taking the CBD. CBD products are now legal, while still regulated, on the state and federal level. Ms. Farr claims that the company violated the Americans with Disabilities Act by firing her when they need to allow a “reasonable accommodation” of her condition. Listen to the Texas Standard story for more information.

Ms. Farr’s case is in federal court in the Western District of Texas and can be tracked on PACER online under docket no. 5:20-cv-00203-JKP-HJB. Here is the complaint, filed on Feb. 20, 2020. This is one to watch, and I hope Ms. Farr is successful. The sooner we do away with the drug war, especially as it pertains to cannabis, the better. In the meanwhile, if you or your loved one is fighting criminal charges for marijuana or other drugs, call me for a free consultation.