North Carolina - Considerations for Marijuana in the Workplace

Medical
Marijuana Law:

Recreational
Marijuana Law:

Employer Concerns – Significant to Review

  • Only low THC hemp extract (less than 0.9% THC by weight, at least 5% CBD by weight and may not contain any other intoxicating substances) is permitted as an alternative form of treatment for individuals with intractable seizure disorders, such as epilepsy.
  • Possession and consumption of usable cannabis is prohibited and can result in serious criminal penalties.
  • Although a very employer-friendly drug testing state, there are mandatory requirements if an employer does test. These do include testing for marijuana. Under North Carolina’s Gen Stat.95-234, an employer who violates the guidelines under this mandatory requirement, will be subject to a penalty up to $250 per affected donor (with a maximum not to exceed $1000 per investigation).
  • A driver is presumed to be driving under the influence if they have any amount of marijuana in their blood or urine.

Testing

Hiring/Termination

Discipline

Use/Possession

  • Possession and consumption of usable cannabis is prohibited and can result in serious criminal penalties.

Other Impacting Laws

(e.g., drug testing, workers’ compensation, unemployment)
  • North Carolina has a voluntary workers’ compensation law that, although not required, a complying employer has greater latitude to deny claims. For example,
    • An injury is not compensable if it was proximately caused by the employee being under the influence or intoxicated.
  • Employers subject to US Department of Transportation (DOT) must report certain drug program violations to the North Carolina Division of Motor Vehicles.
  • It is an offense for an employee to assist or attempt to defraud a drug test or its results.

Sources

(e.g., Bill Number, Authority)

 

Disclaimer

This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

Caution

Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).