Q: Drug test for delta 8?
I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even though urine can't prove impairment at the time; and delta 8 THC being fully legal to use?
A: The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.
Domenic J. Celeste agrees with this answer
A: Sure, work comp can deny you compensation and your employer can fire you, but that doesn't mean they are correct or won't suffer consequences for same. Assuming UPS is a drug-free workplace, there would be a presumption that your injury was due to intoxication, but this can be overcome if evidence is shown that the accident would have occurred even to someone sober. Intoxication defenses are complicated, so I'd highly recommend that you consult with an attorney who's licensed to practice law in Florida and who regularly handles Florida workers' compensation cases.
1 user found this answer helpful
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