In the United States, a wide legal spectrum has developed in relation to the use of marijuana, which causes great uncertainties to employers who maintain drug -free jobs for a long time.
State is still classified as a forbidden substance I under the law on controlled substance. In recent years, many countries have decriminalized marijuana, some limit their use to medical purposes, others allow the entire spectrum of leisure uses. From the perspective of employment, some countries have introduced regulations that prohibit undesirable employment measures against workers for the right -wing marijuana use, and some have even banned employers to ask about a history of marijuana.
With this constantly developing patchwork of state laws that legalize and descent the marijuana consumption, the employers of Georgia are understandably confused whether they can and should continue to expose employees and applicants to drug tests on marijuana.
Quick hits
- With Georgia, patients with specific health conditions with low THC oil-based products that can contain up to 5 percent THC can be found. In the meantime, a over-the-counter CBD oil is limited to a maximum of 0.3 percent THC.
- Georgia's law does not limit the methods or the methods for drug tests that are available, nor violates Georgia's law against the ability of an employer to take negative measures against an employee who did not exist.
- Employers may still want to keep a structured drug test regime for all employees in safety-sensitive positions.
Legal status of marijuana in Georgia
In 2015, Georgia issued a law that enables patients with specific health conditions to use oil -based products with low tetrahydrocannabinol (THC) that can contain up to 5 percent THC. Leisure Marijuana typically contains a much higher level of THC and gives users the “high” that can affect their skills – eG at work. Despite the adoption of this law as a political allowance, Georgia has not found a practical way for users to obtain this medical product with low THC. The patients were able to register with the Georgia Department of Public Health, but had no legitimate way of maintaining medically designed marijuana oil. Over 10,000 people are now registered as part of the state plan. Remarkably, the smoking of marijuana in Georgia remains completely illegal – only oil products are allowed.
In 2019, the state tried to develop a chain of marijuana by issuing laws entitled “Georgia's Hope Act” that approved the access to Georgia's medical cannabis commission to give six marijuana production education. Companies with these licenses could then produce and spend medical marijuana oil that meet the requirements of the state. However, progress was slow for several reasons, including legal challenges and the lack of existing inpatient production facilities.
In a letter from the Federal Drug Drug Enforcement Administration (DEA) to pharmacies in Georgia, it was also found that marijuana oil products are not submitted by pharmacies in its registration, since dea-registered pharmacies are prohibited from the issue of Marijuana.
Delta-8 and other products derived from hemp
The DELTA-8-THC products, which are usually available in chiropracticians, spas, wellness and medical clinics, etc., typically contain concentrated amounts of hemp-derived cannabidioles (CBD) below the Georgia border. This is in contrast to Delta-9 THC, which was designed outside the market and often contains the intoxicating component of the cannabis plant and a “high” is often associated with smoking or taking marijuana. These products are largely unregulated in Georgia and can therefore contain unknown ingredients of unknown origin and unknown security effects.
In Georgia, further changes are underway, which leads to an even greater confusion about which types of THC products are permitted in the legally authorized market. In November 2023, an appellate court in Georgia decided that Delta-8 THC and Delta-10 THC were not controlled substances under Georgia law. In contrast, the Senate of Georgia proposed a legislative template for the ban on Delta-8-thc products in 2023, but the law was ultimately not signed in the law. All of these inconsistent political initiatives have confused Georgia residents (and employer) about the status of an acceptable marijuana production and use in Georgia.
At the end of March 2024, however, the General Assembly of Georgia passed a legislative template in order to bring more structure to the state's beginning. The legislative template, which was adopted with almost unanimousness and the signature of governor Kemp, limits all hemp sales (including CBD oil) to the twenty-one twenty-one and older years and prescribes tests and marking of product components, which gives consumers more confidence in the authenticity of the content.
Key Takeaways
Due to the prevalence of CBD and other low-dose products in Georgia, marijuana consumption has become rather common, even with the conviction that marijuana (all forms) in Georgia is now legal. That is of course wrong. While CBD and other oil-based products should “not” achieve a positive drug ester result due to their low THC content, since the marijuana products that float over the entire local market are unknown content. In short, a Georgia worker could easily not exist a marijuana committee of a drug test, even if the employee believes that the product is completely lawful and harmless.
Georgia's law does not limit the methods or the methods for drug tests that are available, nor violates Georgia's law against the ability of an employer to take negative measures against an employee who did not exist. In practice, employers may want to continue compliance with a structured drug test for all employees who work in safety -sensitive positions in which an accident could damage a risk of self or others. Many employers continue to use structured tests after the accident from risk management and liability. In the event of not safe sensitive positions, employers may want to evaluate whether they would like to continue working before employment depending on the type of work and other factors.
