The legal landscape surrounding delta-8 THC and its potential to trigger false positives on drug tests is complex and evolving. There have been several lawsuits filed in recent years challenging the use of delta-8 THC in various contexts, including employment, healthcare, and school settings.
Employment Lawsuits
In the employment context, some employees have filed lawsuits alleging that they were wrongfully terminated or disciplined based on positive drug tests that were caused by delta-8 THC consumption. These lawsuits often argue that delta-8 THC is not an illegal substance under federal law and that employers should not be able to discipline employees for its use.
In a 2022 case, an employee sued her employer after she was fired for testing positive for THC. The employee argued that she had ingested delta-8 THC gummies, not marijuana, and that delta-8 THC is not a controlled substance under federal law. The court ultimately ruled in favor of the employer, finding that the employer’s drug testing policy was reasonable and that the employee’s termination was justified.
However, other courts have been more sympathetic to employees who have been disciplined for delta-8 THC use. In a 2022 case, a federal court in California ruled that an employer’s policy of terminating employees for positive drug tests, regardless of whether the substance was illegal, was unlawful. The court found that the policy was discriminatory and that it violated the employee’s rights under the Americans with Disabilities Act (ADA).
Healthcare Lawsuits
There have also been lawsuits filed challenging the use of delta-8 THC in healthcare settings. In one case, a patient filed a lawsuit against a hospital after she was denied treatment for a severe pain condition because she tested positive for THC. The patient argued that delta-8 THC is a legal substance and that hospitals should not be able to discriminate against patients based on its use. The case is currently pending.
School Lawsuits
In the school context, there have been lawsuits challenging the use of delta-8 THC in school drug testing programs. In one case, a student filed a lawsuit against his school district after he was suspended for testing positive for THC. The student argued that delta-8 THC is not an illegal substance and that the school’s drug testing policy was unconstitutional. The case is currently pending.
The Future of Delta-8 THC Lawsuits
The legal landscape surrounding delta-8 THC is likely to continue to evolve as more lawsuits are filed and as courts address the various issues presented by this new substance. It is important for employers, healthcare providers, and schools to stay informed about the latest developments in this area and to make sure that their policies and practices are compliant with the law.
