Can Taking CBD Affect My Disabilities Claim?


CBD is a compound found in cannabis that may help people with a wide range of health concerns. It’s been used to help with anxiety, stress, and depression. According to Johns Hopkins Medicine, it could even help reduce the side-effects of anti-seizure medications. It’s clear that CBD has many potential benefits, but research is still ongoing.

Since CBD use is growing by the day, many people are wondering how their CBD use could impact their rights under Social Security and other disability programs. Here are some of the important questions surrounding the issue and whether CBD could impact your claim.

Differences Between Marijuana and CBD

CBD and marijuana both come from cannabis, but they have significant differences when it comes to how they could affect you. The main difference is the amount of THC in them. THC is a psychoactive compound found in cannabis that can be intoxicating. CBD has little to no THC because CBD should be produced using hemp plants which contain little to no THC. However, marijuana may be high in THC since it is produced using plants that contain significant amounts of the chemical.

Drug Tests Could Confuse CBD and Marijuana

When it comes to widespread use, CBD is a relatively new substance. CBD is supposed to have very low to no THC when it’s prepared correctly. But that doesn’t always mean CBD is free of THC. In fact, when CBD oil isn’t prepared correctly or is prepared from plants with elevated THC levels, it can have relatively high levels of THC. Unfortunately, many CBD producers aren’t careful about their sourcing or their production, meaning some CBD brands may have more THC in them than you think.

That can cause problems on drug tests and has led to organizations firing workers for violating their drug policies. The presence of THC in CBD is a real issue, and that can lead to complications for everyone, even people who are applying for a disability claim.

Legality of CBD and Marijuana

Congress passed the Agricultural Improvement Act of 2018, also known as the 2018 Farm Bill, which allowed farmers to grow and sell hemp plants. Hemp plants are a form of cannabis that naturally has low levels of THC. The Farm Bill also allows the sale of hemp products that don’t exceed certain THC thresholds. That opened the door to the use of CBD across the nation.

However, while CBD is legal everywhere in the U.S., marijuana is not. While many states allow medical and recreational marijuana use, marijuana use is still illegal under Federal law. Specifically, it’s listed under Schedule I of the Controlled Substances Act. That means that according to the Federal Government, it has no currently accepted medical use and a high potential for abuse. That means if someone possesses or sells marijuana, they could be subject to penalties under federal law.

How Does CBD Affect My Long-Term Disability Insurance?

It is unclear how insurance companies are handling the issue of CBD use by their long-term disability benefits recipients. If you need to apply for LTD benefits or if you need to update your paperwork with your disability insurance carrier and are worried about the effect your CBD use might have on your claim, you need a long-term disability lawyer to review your situation. They can stand up for you with the insurance company if necessary and argue for your medical rights.

What Are Social Security Rules on CBD?

Currently, the Social Security Administration doesn’t have any clear guidance on the use of CBD. While the use of marijuana is illegal under federal law, CBD products are not. However, the Social Security Administration does have rules against approving disability claims for people whose disabilities are caused by the use of drugs and alcohol. But what that means for CBD users isn’t always clear.

If you need to bring a disabilities claim with the Social Security Administration and you’re taking CBD, talk with a disability lawyer about your situation. They can explain your options, how CBD could affect your claim, and advocate for the disability support that you need.

Contact Us Today

If you are taking CBD for a condition, and you need to pursue a disability claim, get in touch with Fusco, Brandenstein & Rada, P.C. now. We’ve been representing injured and disabled workers for over 40 years, and we’re ready to handle every part of your claim. From walking you through your options and gathering the records in support of your claim to explaining the law and advocating for your rights, we’re here to help you any way we can.

Many people use CBD to help them through injuries and chronic medical conditions. And if you need to bring a disability claim while using CBD, we’re here to stand up for you.

We’re available to clients 24/7, and we offer a free consultation to answer your questions. For yours, give us a call at 516-496-0400 or get in touch with us online today.