Orlando, FL asked in Personal Injury and Workers' Compensation for Florida

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?

2 Lawyer Answers
Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
Answered
  • Orlando, FL
  • Licensed in Florida

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

Domenic J. Celeste
PREMIUM
Domenic J. Celeste
Answered
  • Workers' Compensation Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.