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Medical assistants who use CBD, or marijuana’s cousin, could gain some protection against discrimination under the Americans with Disabilities Act and state laws; however, before speaking to their employer they must first be prepared.

Preparing can include gathering documentation from their doctor as well as discussing why and what medications they are taking.

1. Talk to Your Employer

No matter if it is for chronic illness pain relief, dealing with post-traumatic stress disorder (PTSD), anxiety attacks depression and/or tremors caused by fibromyalgia; medical marijuana could help. But if employed by a company with a no tolerance drug policy this may put your employment in jeopardy.

Marijuana contains over 100 phytocannabinoids, such as THC – with psychoactive properties – but there are other cannabinoids such as cannabidiol (CBD), which has non-psychoactive effects and is becoming more popular across America. CBD products may range from capsules and tinctures to gum and candy forms, with most not containing much THC but some do containing significant quantities; it’s important to read labels carefully in this instance.

New Jersey employers cannot take adverse actions against workers with doctor-recommended prescriptions for medical marijuana; however, federal rules stipulate that companies receiving certain contracts or grants must maintain drug testing programs which include THC tests as part of these plans.

Employers may restrict or prohibit marijuana use during working hours and meal and break periods, including meal and break periods; however, they’re still entitled to require that their employees abstain on days off. If it can be shown that marijuana helps your job performance or protects others in any way then that could present undue hardship issues – potentially by showing that using it helps safeguard health or safety of others. So this may fall under topical hemp creams.

2. Ask for a Reasonable Accommodation

If cannabis can help a disability, federal and state laws allow for reasonable accommodations to workplace policies – this is known as an “ADA reasonable accommodation” or disability discrimination and leave law.

Huber v. Blue Cross and Blue Shield of Florida, Inc. is an example wherein the plaintiff worked remotely while suffering from debilitating migraines that she received accommodations for since 2006 and frequently took leave under the Family Medical Leave Act (FMLA). Her doctor suggested non-psychoactive hemp-based CBD oil as a treatment option in 2017, which seemed to alleviate her condition and lessened FMLA leave requirements significantly; however, shortly thereafter her employer informed her she had failed a drug test due to using CBD caused a positive THC result on her pre-employment screening screening test!

Employees requesting an exception from their company’s drug-free workplace policy due to medical or disability conditions can seek an exception as an accommodation – provided it will significantly aid their ability to perform their job. An employer is not obliged to accommodate, however, if cannabis use by an employee jeopardizes either their safety or that of others; this especially holds true when working in safety-sensitive positions governed by federal law.

3. Seek Legal Advice

Health-care workers have turned to non-THC CBD products as an effective solution for pain management, anxiety/depression relief, insomnia treatment, fibromyalgia pain, fibromyalgia pain relief and more. CBD oil can be found in various forms – gummies, lotions, pet products and vapes are just some examples – available via prescription in some states or available over-the-counter at major drugstore chains.

New York law does not permit employers to prohibit employees from using cannabis products on company property during work hours, including any private residence used as an employee’s workplace if working remotely. Nonetheless, using CBD oil on days off could still violate an employer’s drug policy if it hinders an employee from performing their job and they cannot demonstrate they can perform without impairment.

Employers may offer reasonable accommodations, such as flexible working hours or duties changes – such as using vaping for work-related PTSD/anxiety symptoms if that is all that causes impairment. A doctor’s note may be required, though employees have the right to privacy regarding any diagnosis or treatments used, according to Reidy.

4. Be Prepared

Cannabidiol (CBD), found in Cannabis sativa plants, has recently become one of the hottest wellness trends online. Many products containing CBD have been touted as cures for various ails such as anxiety, pain, insomnia and depression – with juices, lotions, gummies and vape pens all boasting this ingredient as an antidote – seemingly making CBD seem like an irresistibly trendy wellness trend but is it really? How can one identify reliable products when researching what?

First and foremost, it’s essential that you understand what CBD is. CBD is a chemical found within the Cannabis sativa plant – also commonly referred to as marijuana or hemp – which does not contain psychoactive components like THC does.

CBD can be extracted from either of these plants, but industrial hemp is the go-to choice because its cultivation aims to create low concentrations of THC. Once grown, solvents like water, carbon dioxide or ethanol are then used to extract CBD from its plant material – each can pose potential dangers but ethanol stands out as the safer and less-obnoxious choice when producing CBD.

Medical assistants may use CBD for debilitating conditions, provided they hold a written Health Care Provider certification from their Advanced Practice Registered Nurse-Full Practice Authorization (APRN-FPA) or Physician Assistant treating their illness. IDPH must keep this certification on file, which they can access by filling out an online form.