I am starting to see questions more frequently about doctors certifying use of medical marijuana in Florida WC. As far as I am aware, these requests are all being denied because it remains illegal at a Federal level.
The question now is what about CBD oil. Cannabidiol is extracted from the flowers and buds of marijuana or hemp plants. It does not produce intoxication; marijuana’s “high” is caused by the chemical THC. CBD oil is being marketed as a cure-all to dozens of conditions, but the studies to back it up are “scant”.
In the December 2018 Farm Bill, the Federal gov’t legalized the industrial use of hemp. However, the FDA, the entity that regulates medications and drugs, has NOT legalized CBD oil as a prescription medication except for use in childhood seizures. (The FDA does not regulate herbal supplements, but does also not allow those companies to make unfounded claims about what the herbal supplements can do.)
So, even though Florida has legalized the use of Medical Marijuana, including CBD oil, the FDA has not approved it as of yet for prescription use. Here is a link to the FDA’s FAQ about where things stand, and they are holding a hearing on 5/31/19 on the issue.
As an aside, it is unlikely, but still possible to test positive for marijuana in a drug screen for a claimant using CBD oil.
Morgan Indek | Partner