A Shelby County sheriff's deputy fired after failing a drug test he blames on legal CBD gummies has won another round in his years-long fight to get his job back. The Tennessee Court of Appeals ruled that McGriff was wrongfully fired.
A Random Test Sparks a Two-Year Fight
According to WMC Action News 5, McGriff was fired on July 9, 2024, after failing a random drug screening that came back positive for THC. The court opinion on Justia Law says McGriff took a drug test on April 10, 2024.
McGriff testified he failed the test because of off-duty use of legally purchased CBD gummies, which the WMC report says he took for stress or sleeplessness stemming from a work-related injury. He testified he was never under the influence of anything while on duty and said he would not have taken the gummies had he known they contained THC. He also told the board he believed termination was too harsh a punishment for the violation.
McGriff's CBD Defense
McGriff argued that his positive test resulted from legal CBD products rather than marijuana.
What State Law Actually Allows
Tennessee Senate Bill 378, enacted in May 2023 and effective January 1, 2024, legalized low-THC hemp derivatives up to 0.3% Delta-9 THC, but it explicitly preserved employers' rights to enforce zero-tolerance workplace drug policies, according to Robins Insurance.
That legal reality means it was Shelby County's own civil service rules — not state statute — that ultimately worked in McGriff's favor. The Merit Board decided in November 2024 to reverse McGriff's termination and ordered him reinstated in December 2024, requiring him to undergo narcotics drug tests every 30 days for one year and stipulating he be terminated for any other policy violation within six months, per WMC Action News 5. The board denied him back pay.
County Pushback and the Appeals Court's Reasoning
The Shelby County Sheriff's Office appealed the Merit Board's decision, arguing it exceeded its statutory authority and violated county law and policy.
The Tennessee Court of Appeals ruled that the sheriff's office's narcotics policy did not make every narcotics-policy violation automatic grounds for termination, WMC Action News 5 reported.
One Month of Back Pay
The appeals court ordered that McGriff receive one month of back pay, according to Justia Law.
The case highlights the dispute between McGriff's CBD-related explanation for his positive test and the sheriff's office's drug rules.
