Can You Go to Jail for Failing a Drug Test?
Can you go to prison after failing a drug test? Right now, might your employer already be on the phone to law enforcement?
As well as being a major cause of embarrassment, failing a workplace drug test can cause major stress. After all, what happens now? Will you be fired? Will your employer phone the police?
While it is necessary to take failing a drug test seriously, it’s important not to start panicking.
We’ll look at what is likely to happen in the vast majority of cases
Can You Be Convicted if You Fail a Drug Test?
First, let’s address the big question. Can you go to jail for failing a drug test? As it stands, the simple answer is that this isn’t likely. However, this does depend on the context of a test. In this case, let’s look at a few common testing scenarios.
Drug Test as Part of Employment Pre-Screening
In the United States, it is increasingly common for employers to ask job candidates to submit to a drug test before a final hiring decision is made. If this happens to you and you fail, you likely don’t need to worry.
By failing a test, you can be sure that an employer will not hire you. However, businesses have better things to do than involve law enforcement.
Employers know that false-positive test results can happen. This being the case, unless they run confirmatory tests, you don’t need to worry about police involvement. Involving law enforcement, after all, could give you grounds to sue if test results aren’t accurate.
What If You Fail a Drug Test as an Employee?
Did you already pass a pre-employment drug screening? If so, that’s fantastic. What happens now, though, if you fail a test after you have started work at your new company?
As a general rule, employers won’t snitch you to law enforcement if you fail a workplace drug test. As we have already discussed, doing so can have major legal consequences for employers themselves. However, what happens next, will depend on your employer.
- Most employers will allow you to request a confirmatory test. Alternatively, some might insist that you take a second test.
- When employees do test positive for illicit drugs, some employers will request that employees attend a drug education or rehabilitation program.
- Where employees do attend rehabilitation programs, they should expect to be let go immediately, if they fail future tests.
Sadly, how employers react to employees testing positive for signs of illicit drug use is entirely up to them. Some will give second chances. However, many others won’t.
When Can You Be Prosecuted if You Fail a Drug Test?
Hopefully, it is clear by now that employers usually won’t involve law enforcement when employees fail drug tests. However, there are some exceptions to this rule.
- If employers think that you might be in possession of drugs at work, they may call local police.
- If you are on probation, employers may be required to let your probation officer know if you fail a drug test.
- Does your work involve driving or operating heavy machinery? If so, employers may call in law enforcement if they believe you are not 100% sober while working.
What Happens if You Fail a Test on Probation?
In most cases, the only time that you do need to worry about going to jail for failing a drug test is if you are on probation. Thankfully, though, the chances of this happening are usually slim.
Most people who do fail drug tests while on probation are given a warning. This being the case, you will usually only need to worry about going back to jail if you repeatedly fail tests.
Never Take Failing a Drug Test Lightly
Hopefully, we have helped put your mind at ease if you yourself have recently failed a workplace drug test. Whatever you do, though, don’t take failing a test lightly.
Failing drug tests can make it difficult to find future employment. Thankfully, research shows there are ways to detox from weed and remove traces of other drugs in advance of a urine test.
Make no mistake, the only guaranteed way to pass a test is to not use drugs. However, if you are worried about failing a test, make sure to look at ways that you can reduce your chances by detoxing and flushing toxins from your system in advance.
What are the Legal Consequences of Drug Use?
A person may take illegal drugs for a number of reasons. Certain drugs are thought to alleviate stress, release creativity, and help users manage pain. Unfortunately, some of these drugs are dangerous and therefore, illegal. Ingesting drugs may or may not result in adversary physical consequences, but if you are caught taking them or even possessing them, you may be faced with fines, community service, or incarceration.
The legal consequences of drug uses are
Penalties for Possession
California is known for its liberal drug laws because it was a pioneer in legalizing cannabis and the products that are derived from the popular plant. Unlike other states, California looks at drug charges on a case by case basis rather than having a fixed set of classifications.
Proposition 47
In 2014 voters in the Golden State passed Proposition 47 which reduced certain non-violent crimes to misdemeanors, and drug possession was amongst those crimes. Money that was saved by changing the law was allocated towards truancy and drug rehabilitation programs.
However, there are some drugs that law enforcement takes very seriously and it is possible to go to jail for drugs. There are some circumstances under which drug possession may lead to felony charges. Even if you are charged with misdemeanor possession, you may still spend up to a year in jail and pay as much as $1000 in fines.
Misdemeanor Drug Possession
When you are caught in possession of drugs, there are a few elements upon which your charges will be based. If you are charged with “possession with intent to sell,” the consequences are likely to be much greater than if you are charged with “simple possession.”
The kind of drug that you have and how much of the drug that you have will also be taken under advisement. The number of offenses that you have had in your lifetime and why you were in possession of those particular drugs will also factor into a sentence.
What Qualifies as Drug Possession
In order for a person to be charged with drug possession in the state of California, the drugs must be in your possession or under your control. This would include drugs found in your pocket, book bag or purse as well as drugs found in your home or car. If you are caught in the act of using the drug, you will face possession charges.
If the drugs are prescription medications and the prescription is not in your name, you may be charged with possession. Although both recreational and medical marijuana are legal in California, certain rules apply. If you are caught with over six cannabis plants, you may be charged with criminal possession You may also face possession charges if you are under the age of 21.
Other Consequences of Drug Use
If you operate a motor vehicle while under the influence of drugs or alcohol, you will face DUI charges and you may have your license revoked. In some cases driving under the influence can lead to jail time and large fines.
Finding an Attorney
If you have been charged with drug possession in California, you will need to hire a good defense attorney to represent you. A qualified attorney will have years of experience in criminal law and will be well versed in dealing with the court system. Lawyer Vikas Bajaj specializes in drug charges and will work hard to get your charges dropped or reduced.
Any drug charge is serious, but with the right attorney, you can get a fair deal and move on with your life.
Why-is-Kratom-becoming-so-popular
Kratom was first utilized in quite a while crude structure by biting the leaves or by utilizing them to cook tea, harking back to the nineteenth century, by individuals in Thailand, Indonesia, and Malaysia.
It was principally utilized as a painkiller, narcotic, and a mind-set sponsor. Kratom has been accounted for to be powerful for its assigned use. There are reports of it working successfully for torment decrease, treatment of temperament issue like tension, fighting withdrawal impacts from the unlawful medication, and furthermore expanding vitality.
A researcher by the name Grundmann has distributed work right now. There are numerous purposes for kratom’s ubiquity.
These days individuals use kratom for various reasons, for example, alleviating torment, adapting to a habit or dealing with the side effects of tension or sadness. However, for what reason do these individuals pick kratom over different other options?
Benefits of Kratom:
Kratom, otherwise called Mitragyna speciosa, is a tropical evergreen tree found in different pieces of Southeast Asia. In spite of its known utilization by indigenous ranchers over a thousand years back, it is illicit in a few nations and states.
This is somewhat a result of merchants promoting it as a “lawful high” and head shops offering it to minors with next to zero information on what they are devouring, however the principle motivation behind why it is so dubious is a direct result of the different misguided judgments that are just fortified by legislative foundations and one-sided media sources.
In this manner, I will discredit the most widely recognized misguided judgments and contentions.
Kratom strains certainly has so many benefits as herbal. Kratom crazy offers some of the well-researched content about the benefits of kratom in their superfast growing website. People should read this type of well researched content in order to let them grow their idea about kratom products and its effects.
Addiction:
The sedative business is probably the greatest business on the planet. Everywhere throughout the planet, individuals experience the ill effects of agony and need treatment.
Sedatives are incredibly addictive, and this makes it exceptionally rewarding. It is said that Thailand made kratom unlawful in light of the fact that it was cutting into their sedative duty. The plant is dreadfully gentle to not address why it is illicit in such huge numbers of nations.
As of not long ago, there haven’t been any thorough investigations all together for this medication, to be FDA endorsed, much the same as with some other medication.
What the experts say:
Grundmann likewise referenced that thorough “best quality level” isn’t required before dietary enhancements can be sold; rather, “what we have basically are the advantageous uses that have been accounted for in a customary setting in East Asia, and overviews and client reports in the U.S. furthermore, Europe”.
In his review, the most generally announced advantages of kratom were decreased torment, expanded vitality and better state of mind. Most respondents revealed an advantage at dosages as much as five grams are occupied to three times each day.
“I would state that we have generally great recounted developing proof that kratom has benefits for the normal client as long as we think about how much kratom is being utilized and what items are being utilized,” Grundmann said.
Be that as it may, while there might be empowering narrative reports of advantages, a few specialists are calling for more research.
Truth behind popularity:
Kratom should be authorized for some reasons, for example, the disappointment of forbiddance and the expulsion of a more secure other option, however the most significant explanation has all the earmarks of being guideline.
Most of the issues related with Kratom basically emerge from being an unregulated substance. There has been numerous passing’s related with Tramadol-bound Kratom and engineered analogs, and much more hospitalizations because of Salmonella introduction.
In the event that Kratom was a FDA affirmed substance, these dangers would be disposed of. Also, it has been indicated that legislative foundations that training hurt decrease, (for example, safe infusion locales) basically lessen the hospitalizations and detainments related with tranquilize misuse, consequently setting aside the two lives and cash.
All in all, it is clear that Kratom is a lot more secure than what we are told. That is the reason I am soliciting all from you to share this information, bolster the AKA development, and help battle the narcotic scourge.
How Do Court Ordered Drug Tests Work? A Guide on What You Should Know
Approximately 19.7 million Americans, above the age of 12, have battled a substance abuse disorder.
Given this statistic, it’s no wonder that courts often order drug tests during custody battles, substance abuse issues and other related disputes. However, given that drug tests happen to be an invasive procedure, it is important that these mandates follow protocol.
So, how do court-ordered drug tests work, anyway? And what types of drug tests would a person be subjected to?
Let’s have a look.
How Do Court-Ordered Drug Tests Work?
It is important to know that drug testing laws vary all across the country, and so the nuances of the process may differ. However, in general, the severity of the order depends on the severity of the situation. The mandate most likely won’t extend for longer than a year and might require testing to occur approximately once or twice a month.
In most cases, drug tests are prescribed to people on probation for drug possession or parents with a history of substance abuse problems. Non-compliance usually results in short periods of jail-time but the penalty may be more severe for repeat offenders.
It is also important to note that these tests will most likely happen at random times during the month, without prior warning.
Types of Drug Tests
Generally, family courts opt for simple urine drug tests, where a sample of urine is tested for drugs. While these tests are the most common type of drug test, it is important to note that they can only detect drugs consumed within the past 48 hours, and sometimes even less than that. This is the least invasive of the drug tests.
And so, as an alternative in more severe circumstances, the court may order for a hair follicle drug test. This kind of test picks up on drug abuse occurring up to ninety days prior to the testing. As the name suggests, the test is carried out by examining the hair follicle of the individual.
Blood testing, like the second test, is also one of the more invasive drug tests around. This is one of the reasons the latter two are generally reserved for more extreme circumstances.
Failing a Drug Test
Now that you have the answer to the question – “how do court-ordered drug tests work?” you might wonder what happens if you fail these tests. This depends on the reason the court has mandated drug tests to you. For example, if you are in a child custody battle, you may have to give up your custody rights.
Similarly, if you’re on probation, you may have to go back to jail for using. The laws and the ramifications for your actions will depend largely on your circumstances and the drug laws of the state you’re in.
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Passing a Drug Test: 4 Tips to Help You Get That Job
When a drug test is sprung on you last minute, it can cause a rise in your stress levels and send you into complete chaos. You know that you have drugs in your system but can’t afford to lose the job. You quickly begin to think of different ways on how to pass a drug test fast on the spot.
How to Pass a Drug Test
You begin to look into over-the-counter products that claim to clean your system out in no time or help create a negative test result. You begin to look at other options as well such as using fake urine or someone else’s urine for the test. However, all of these options can get you into trouble and you can get into the jail for that case. Some don’t even work and know about how to pass drug test.
Your best bet is to do things the right way, leaving no guilt on your shoulders. Don’t let the shock of a sudden drug test coax you into trying to falsify a drug test. Instead, continue reading below for several tips on how to pass a drug test on short notice and get or keep that job!
Here’s everything you need to know the drug laws!
1. The More Time the Better
No matter what type of drug is in your system or what type of drug tests’s being conducted, the more time you have before it, the better. Although you can’t always control when a drug test is given to you, you can control when you stop using the drug. As soon as an employer tells you that you’ll need to take a drug test, end all drug use then and there.
How to Pass Drug Test from Employee
Even before an employer tells you about a drug test, if you know that there’s a possibility of one coming up, stop all drug use. The longer you have between stopping your drug use and taking the test, the better chances you have of passing it.
Most employers will give some type of notice for an up and coming drug test. If you don’t know the exact day, this is fine. You’ll most likely know the week or time period of when you’ll be getting one. As the days go by, the drugs will slowly leave your system.
And when possible, drink plenty of water. The more water you drink and the more often you urinate before taking a test, the better the chances of getting a negative result and see the drugs law and penalty from your targeted job.
2. Understand the Type of Drug Test
The type of drug test that your taking is another factor to consider. There are four different kinds of drug tests that you could possibly be given. The four include a hair follicle test, a urine test, a blood test, and a saliva test.
Knowing what type of drug test your taking can help you better prepare for it. A hair follicle test can trace back to 90 days. However, if you’re a new drug user and have only used drugs for the first time in the past two weeks, then a hair follicle won’t detect it.
Give the Safe Urine Test
Urine tests are one of the more common tests given by employers. If an employer is the one giving you the test, then you can almost bet it’ll be a urine test. A blood test is normally given when pulled over or arrested with suspicion of drug use and know about how to pass drug test.
A blood test is less likely to come back positive than a urine test if it’s been several days since you last used. A saliva test is one of the less invasive drug tests and is less sensitive than blood tests.
You also need to have a clear understanding of the type of drugs in your system and how to pass a drug test. Certain types of drugs will stay in your system longer than others. If you’re wondering, “does CBD show up on a drug test,” you’ll need to understand what type of CBD it is you’re taking.
A drug test only tests for THC for marijuana purposes. Most CBD products contain little to no THC, which won’t test positive on a drug test.
3. If Given the Choice, Choose the Right Test
Before taking a drug test and knowing how to prepare for it correctly, you should know how much of the drug is in your system and how to pass a drug test. You can then decide which type of test is the best to take for your situation. For example, if you’re a casual marijuana smoker, then your system might be cleared after several days.
If You’re a Heavy Marijuana Smoker
You may use another type of drug heavily and don’t know how to pass a drug test, then it could take much longer for it to clear out of your system. And taking a hair follicle drug test will show any drug use up to 90 days ago. If given the option, be sure to choose the right test.
If you’re a light drug user and it’s been over a week since your last use, choose a blood or saliva test. If you used drugs for the first time less than 2 weeks ago, then choose a hair follicle test as it won’t show anything used in the past 2 weeks.
4. Always Know Your Rights
When everything is said and done, you always need to know your rights. Knowing your rights could help you pass an unexpected drug test. The laws surrounding drug testing depend on the state that you live in. Do a bit of research to determine what your rights are in that state.
Not all laws are the same, but some common ones are as follows:
- When applying for a job, an applicant must be told from the beginning that a drug screening is a step in the process
- If reasonable suspicion is given, an employer can drug test
- In most cases, random drug tests by an employer aren’t allowed
- All employees must be given the same type of drug test
Remember to do your research and know your rights before applying for a new job or before taking a drug test given by a current employer.
Learn the legal consequences of drug use from here to keep yourself safe!
Know How to Pass Drug Test Fast the Right Way!
When hit with an unexpected drug test, know how to pass drug test fast without manipulating the results. This is the best way to get a negative result legally. Keep these tips in mind and always contact legal advice if needed.
For more helpful posts, be sure to visit us frequently and know from the Drug Attorneys section!
6 Shocking Tennessee Drug Laws and Penalties That You Should Know
Did you know that in Tennessee a woman may be prosecuted for the illegal use of a narcotic drug while pregnant?
If the child is born addicted to or harmed by the drug, she can be charged with assault and prosecuted.
Tennessee is among the very few states that have a drug law like this.
It has to make you wonder though, what are some other Tennessee drug laws and penalties?
Knowing Tennessee Drug Laws and Penalties Helps
Because of the chronic drug problem in the state, Tennessee law enforcement is serious about seeking and apprehending those in possession of drugs.
According to the criminal attorneys at Horst Law in Nashville, getting arrested and charged with possession means you could be facing suspension of your driver’s license, community service, fines, forfeiture of property, probation and even time in jail or prison.
So here are six laws you need to know right now to ensure that doesn’t happen:
1. Simple Possession
You can be charged with simple possession if you have a controlled substance on your person, but it’s not enough to warrant a felony possession.
But if law enforcement finds a controlled substance in a car or house that is registered to you, that is also grounds for a simple possession charge.
2. Sale of a Controlled Substance
If law enforcement observes you in a drug sale – or worse yet, you sell to an undercover officer – you’ll be charged with sale of a controlled substance.
Regardless of the amount, this is considered a felony offense.
3. Possession with Intent
If the amount of drugs in possession is deemed more than what you would use for personal use, you can be charged with possession with intent. The state will then need to prove that you intended to sell the drugs.
The presence of scales, bags, and/or large quantities of cash increases the chances that you’d be charged with intent. And just as the sale of a controlled substance is a felony, so is the intention to sell it.
4. Manufacturing
Of the many drugs that are synthetically produced, meth-related offenses are considered the harshest in Tennessee.
But production of natural drugs that require additional processing – such as cocaine and heroin – will also garner a manufacturing charge.
And since marijuana continues to be fully illegal in Tennessee, growing marijuana can also result in manufacturing charges.
5. Marijuana
Producing pot is treated harshly in Tennessee and there are both state and federal penalties for doing so. Charges are based on the amount of marijuana.
Unfortunately, simply possessing operating components can lead to a charge.
And parts of plants can be considered entire plants under the law. So the government can claim larger numbers of plants than are truly present.
6. Drug Trafficking
Drug trafficking is a serious charge.
Anyone suspected of engaging in the production, distribution, transportation, or sale of illegal substances can be slapped with a drug trafficking charge.
Stay Out of Trouble
The best way to avoid the wrath of Tennessee drug laws and penalties is to avoid the use of controlled substances altogether when in the state. Then, keep track of any changes in drug laws.
Meanwhile, to stay aware of what’s new in and around Oklahoma, keep checking back with our blog.
The Breakdown: Everything You Need to Know About Texas Drug Laws
There is a wide range of attitudes when the topic of drug laws comes up. Some people tend to think of Nancy Regan’s “Just Say No” campaign from the 1980s.
Others think of the legalization of marijuana, which is changing as more states move for decriminalization and legalization.
Drug laws are no joke in Texas. Texas drug laws are known to be very strict. It’s best to know what they are if you plan on making a quick trip there anytime soon.
Read on to learn what the drug laws are in Texas and what you can do if you find yourself on the wrong side of the law.
Drug Laws in Texas
Texas drug laws are indeed strict, but how strict depends on the type of drugs you are caught with and several other factors. If you have previous convictions, the sentence will be more severe than if this is your first offense.
If you have a lot of cash on you and you have a large quantity of drugs, you can get hit with an intent to distribute charge.
The Penalty Groups of Texas Drug Laws
The severity of your crime depends on these factors and what penalty group your crime falls under. Texas drug laws have four classes, called penalty groups. The lower the number, the more severe the crime.
Penalty Group 1: This group is largely focused on opioids. Texas, like many states, is suffering from the opioid crisis. The drugs in this penalty group include the different types of opioids, cocaine, meth, LSD, and other hallucinogens.
At a minimum, you can be sentenced to 6 months in jail with a $10,000 fine. The maximum is life in prison and $300,000 fines.
Penalty Group 2: Psychedelic drugs like LSD, mushrooms, PCP, ecstasy, and amphetamines.
A minimum sentence here is 6 months in prison. The maximum is life in prison with a $50,000 fine.
Penalty Group 3: This category is a lower class of the opioids that aren’t in penalty group 1. These drugs include Valium, Ritalin, steroids, and other prescription drugs that are likely to see a high rate of abuse.
You could get anywhere from 6 months to 2 years in jail at a minimum.
Penalty Group 4: Marijuana and other prescription drugs that aren’t listed in the previous penalty groups usually fall under the fourth penalty group.
A small amount of drugs can result in a driver’s license suspension and fines. An alternative is to enter a drug treatment program.
What Happens if You’re Arrested?
As you can see, the penalties for drugs in Texas are pretty severe. When you’re arrested, you’ll be read your Miranda rights. You do have the right to call and consult an attorney.
If you’re arrested for cocaine, you’ll want to contact a cocaine possession attorney who understands the severity of your situation.
They will then guide you through the charges against you, getting released on bail, and your court date.
Drug Laws in Texas
Texas drug laws are strict, and the penalties for possession are severe, even if you have a small amount of pot on you. You don’t want to take your chances knowing what the penalties are.
Do you want to see the latest headlines? Head over to the news section to find out what’s happening.
Is CBD Oil Legal in All 50 States?
Did you know that humans have been growing cannabis for over 12,000 years to utilize its medicinal properties?
Although the current political climate regarding cannabis is tense, America used to embrace cannabis plants. One of our most famous presidents, George Washington, even had his own hemp garden.
CBD oil is a cannabis extract that’s famous for its health properties. People use it to treat chronic pain, anxiety, and many other ailments. Despite its impressive qualities, the legality of CBD is tricky.
Is CBD oil legal in all 50 states? Keep reading to learn the important highlights of current CBD laws.
Is CBD Oil Legal in All 50 States? Yes, Thanks to the 2018 Farm Bill
Before 2018, there were a lot of gray areas when it came to the legality of CBD. The 2018 Farm Bill helped clear a lot of this confusion by making it legal to grow and sell hemp and all of its extracts in all 50 states. Although CBD is legal nationwide now, there are a few catches you should know.
Is CBD Federally Legal If It Comes From Marijuana?
Hemp and Marijuana come from the same cannabis family. This means that both plants contain CBD. Is CBD oil legal if it comes from marijuana?
The major difference between hemp and marijuana is a compound called THC. This is the compound that gives people a high feeling when they ingest marijuana. Hemp contains little to no THC, which is why only hemp-based CBD is legal nationwide.
If you live in a state where recreational or medical marijuana use is legal, then marijuana-based CBD should also be legal. If you want to play it safe, it’s best to stick with hemp-based CBD because it has the same medicinal effects as CBD extracted from marijuana.
Why It’s Important to Find a Reputable Seller
Since hemp grows out in the wild, it’s easy for cross-pollination to occur. If farmers aren’t careful, their hemp crops can get contaminated by marijuana plants. This is why it’s important to find reputable sellers who test their CBD oil. CBD oil products are not only offered for humans, but pets have also benefitted from them. KarmaPets, an online shop for dog calming treats, infuse hemp in their products to help dogs suffering from anxiety and inflammation.
As long as your CBD dosage contains less than 0.3% of THC, then the oil can be classified as legal hemp-based CBD. In order to avoid any trouble, it’s safest to buy your CBD online after researching the seller and learning about their production processes.
The FDA Could Change Where CBD Is Legal
Lots of people rave about the medicinal qualities of CBD oil. However, the only CBD product that’s approved by the FDA is a drug called Epidiolex, which is used to treat seizures. This means that if any other CBD products make other health claims, they could face legal troubles from the FDA.
If you’re a seller, it’s important to stay up to date on all current CBD laws. For now, everyone in America can legally enjoy the benefits of hemp-based CBD oil.
Do You Need Legal Help?
Is CBD oil legal in all 50 states? Although the current laws say yes, there are still a lot of loopholes that could get some people, specifically sellers, into trouble.
If you’re ever in need of professional legal help, Halt.org Legal Directory can help match you with the perfect lawyer for your case. Use our search engine to find the right legal team near you.
Does Malpractice Insurance Cover Medical Marijuana Prescriptions?
When it comes to medical marijuana, healthcare providers and law enforcement are in an awkward position.
On the one hand, certain state laws allow them to treat marijuana like any other medication (albeit a non-FDA-approved one). On the other hand, federal law says it’s 100% hands down illegal.
So this begs the question: if you had a medical malpractice case and wanted your malpractice insurance to cover medical marijuana, would they cover it? Here’s what you need to know.
The Tension Between State and Federal Law
Since California first legalized marijuana for medical use in 1996, the acceptance of marijuana in a medical context has steadily grown.
But while we’ve made huge strides, marijuana still isn’t fully legal, despite the fact that 62% of Americans support legalizing it.
Currently, 33 states and the District of Columbia have legalized medical marijuana, while 11 states and the District of Columbia have legalized marijuana across the board.
At the federal level, marijuana remains illegal and is listed as a Schedule 1 drug by the DEA. This means that, at the federal level, marijuana is viewed as a drug with no medically accepted use and a high potential for abuse.
The biggest problem, for doctors and law enforcement alike, is whether to follow state laws which may allow medical marijuana or to follow federal law, which bans marijuana completely.
Rohrabacher-Farr, Ogden and Cole
Two things have helped to clarify how doctors, lawyers, and law enforcement should proceed:
- The Rohrabacher-Farr Amendment
- The Ogden and Cole Memoranda
In December 2014, Congress passed the Rohrabacher-Farr Amendment as part of the 2015 Omnibus Appropriations Bill.
This amendment prohibits the Department of Justice (DOJ) from using federal funds to prevent states that have legalized marijuana from implementing their own state laws that authorize the use, cultivation, distribution, and purchase of medical marijuana.
The amendment was renewed in December 2015, December 2016 and again in May 2017. It was last renewed in February 2019 as the Rohrabacher-Blumenauer Amendment.
In addition to Rohrabacher, the DOJ has released four memoranda clarifying their stance on the issue, collectively known as the Ogden and Cole Memoranda (the 2009 Ogden memo and the Cole memos of 2011, 2013, and 2014).
In these memos, the DOJ guided U.S. attorneys to focus their marijuana enforcement efforts on the following federal priorities:
- Preventing the distribution of marijuana to minors
- Preventing the diversion of marijuana from states where it is legal to other states where it is not legal
- Preventing revenue of marijuana sales from going to criminal enterprises, gangs, and cartels
- Preventing state-authorized marijuana activity from being used as a cover for the trafficking of other illegal drugs or other illegal activity
- Preventing drugged driving and other adverse public health effects
- Preventing violence and the use of firearms in marijuana cultivation
- Preventing the cultivation of marijuana on public land
- Preventing marijuana possession on federal property
Otherwise, U.S. attorneys were to defer to state and local laws governing the use of medical and recreational marijuana.
Physician Liability
To come back to our original question, how does this affect physical liability and malpractice insurance?
On one hand, doctors and law enforcement do have guidelines that would permit the prescription of medical marijuana if you live in a state that has legalized the use of medical marijuana. And while it is federally illegal, enforcement of the federal ban usually is not strong.
There are no current medical malpractice cases involving marijuana. It’s difficult to see how such a case would succeed if the patient asked for a medical marijuana recommendation and was provided one.
In fact, physician liability is rather limited since doctors can’t actually prescribe or dispense marijuana. All a doctor does is verify that a patient has a qualifying condition and that they think the potential benefits of medical marijuana outweigh the potential risks.
That said, plaintiff attorneys can get rather creative. If such a lawsuit were filed, attorneys would most likely pursue it as they would pursue a lawsuit for inappropriate prescription of opioids. Still, the malpractice aspect will be esoteric at best.
So, does malpractice insurance cover medical marijuana?
The short answer? Probably not. Most traditional malpractice insurers will not cover cases where physicians recommend medication that has not been FDA-approved.
The long answer? You can argue it in court, but the answer is probably still no. If you’d like to find out how such a case might be argued, talk to a malpractice attorney.
Figuring Out Malpractice Insurance?
If you’re trying to make heads or tails of medical malpractice and malpractice insurance, it pays to do your homework.
Check out our blog for more useful posts like this one to get your case in order.
8 Things You Should Know About the Legality of Hemp-Derived CBD Oil
We know that cannabis is legal in almost half of all states now. But what does that tell you about hemp-derived CBD oil?
Cannabidiol, or CBD as it’s more commonly known, is the purported “non-psychoactive” component of cannabis and the counterpart to THC, aka the stuff that gets you high. As more research is done on CBD, professionals have found a litany of health benefits ranging from pain relief to help with anxiety and depression.
Despite these amazing findings, many are still skeptical of what cannabis-derived CBD oil does to the user. As of right now, even though it doesn’t get you high, cannabis-derived CBD is subject to the same state laws as any other form of cannabis.
Luckily, there is another kind of CBD. Hemp-derived CBD oil is here and it’s federally legal, so you can get it anywhere and use it anywhere. In this post, we’re going to tell you 8 things that you should know about the legality of hemp-derived CBD oil before you try it.
There’s nothing to be afraid of, but like anything, you should know all the facts before you dive into hemp-derived CBD head first. Let’s get started.
1. The 2018 Farm Bill
In 2018, something called the Farm Bill was passed and it changed everything for hemp products, including hemp-derived CBD. It effectively removed and hemp products from the Controlled Substances Act (CSA), making it a part of agriculture, unlike marijuana.
This is huge because now hemp-derived CBD oil can be grown, made, and sold federally. It’s not quite that simple, as we’ll find out. There are still going to be heavy regulations by the FDA, but it’s a huge window for the CBD oil industry to start developing more products.
2. Hemp-Derived CBD Is DEA OK
What seemed like seconds after the Farm Bill was ratified, the DEA clarified that it would not be regulating any hemp products, notably hemp-derived CBD.
Basically, DEA staff and field agents are under guidance to find and eradicate illicit substances from our communities. With the passing of the Farm Bill, the DEA further clarified that cannabinoids themselves are not illegal and it is dependent on the source of the cannabinoid, either cannabis or hemp.
Since hemp was removed from the CSA, the DEA has withdrawn.
3. The Dividing Line
The dividing line determining what is or isn’t an illicit source has always been a bit of a source of confusion. The magic number for this dividing line has now been set at 0.3%.
That is, 0.3% THC. If the substance’s THC level is below 0.3%, then it is completely legal. Hemp products fall under this number, so they’re in the clear. Cannabis plants vary wildly, but most contain higher than 0.3%, so they remain federally illegal according to the CSA.
4. There’s Always Been a Gray Area
Pre-Farm Bill, there was a sort of gray area when it came to zero THC CBD products. Hemp-derived CBD had more of an image issue than was it actually illegal. Because of that, different states had different regulations on CBD oil and other products.
There were extremely friendly states, friendly states, not-so-friendly states, and gray area states. The friendliest states had explicit laws allowing the sale of industrial hemp-derived products. The least friendly states had no explicit laws against it, but previous actions denounced the sale of hemp products.
As you can plainly see, the grey areas lay in the fact that most states didn’t really have any regulations in place for hemp-derived products like CBD oil. These gray area states didn’t have any real prohibitions, but there were exemptions in the law to argue against the legality of hemp-derived CBD oils, etc.
This is why the Farm Bill was and is so important. It cleared up all of the uncertainty that state law had with hemp products and removed it from their hands altogether.
5. The FDA’s Involvement
The US Food and Drug Administration has a bit of a problematic stance on CBD oil and products like it post-Farm Bill. Their stance is that CBD cannot be marketed as or within foods or dietary supplements. There’s a rather lengthy backstory to this stance.
Basically, they stated that because a product containing CBD was approved as a drug and public clinical trials were conducted on CBD as a drug prior to the Farm Bill, nothing containing CBD can be marketed as a food or supplement.
6. Hemp Is Now an Agricultural Commodity
Since hemp is federally legal, it is now recognized as an agricultural commodity like apples, wheat, or corn. As such, it will be subject to government regulations like any other crop, but farmers are rejoicing at this new opportunity.
Specifically, Kentucky-based farmers looking for a tobacco replacement are starting to see hemp and CBD-oil as a potential saving grace.
The ability to grow and harvest hemp and distribute it to companies that extract the CBD oils from it to make new CBD products is surely going to be great for local economies. Companies like Highland Pharms and Bluebird Botanicals are at the top of the hemp-derived CBD oil market.
7. World Health Organization
The WHO has been a great proponent of hemp-derived CBD. In a statement released in a November 2017 report, the WHO deemed CBD to have “no effects indicative of any abuse or dependence potential.”
They also went on to say that “CBD is generally well tolerated with a good safety profile” and “there is no evidence of recreation use of CBD or any public health-related problems.”
There’s been too much evidence of good for CBD to be outlawed any longer. Countless studies have shown that it supports the body’s overall wellness, promotes cognitive health, reduces inflammation, and promotes better sleep.
8. Cannabis-Derived CBD May Be Next
As we begin to see the widespread production and distribution of hemp-derived CBD and the continued state legalization of cannabis, it’s hard to imagine that more varieties of CBD oil won’t be available in the coming years.
For now, however, since cannabis contains higher than 0.3% THC levels, cannabis-derived CBD will remain federally outlawed. There is hope for the future though.
Try Out Hemp-Derived CBD Oil for Yourself
If you suffer from anxiety, depression, muscle cramps, or lack of sleep, try out hemp-derived CBD today and see how it can help you. The Farm Bill has made it available to us country-wide and the WHO has deemed it to have a good safety profile.
Now that the gray area is gone, you can use hemp-derived CBD oil to your heart’s content.
