Since its legalization across the 50 states, CBD products are everywhere these days. It is the latest holy grail of the health and beauty industry, with this compound being added to skin serums, gummy candies, and food supplements. Products that feature CBD as the key ingredient are easily accessible in many stores, and any adult can purchase it without a fuss.
Because of its popularity and ease of access, one might get concerned if regular or recent intake of CBD will make one fail a drug test. Will it show up in your drug test result?
What is CBD? Is it Legal?
Cannabidiol or CBD is a compound derived from the hemp plant. Unlike THC (tetrahydrocannabinol, the psychoactive compound found in marijuana), CBD does not give the feeling of “high”. It does not affect cognitive brain function. This cannabinoid compound was also found to have medicinal properties that could treat a lot of illnesses. It is therefore deemed safe to use by anyone.
The exact legality of CBD is tricky to say. Although it is legal in 50 states, the federal government still regards CBD as Schedule 1 drug, the same as marijuana. Thus, even the FDA refuses to permit companies to release CBD products as a dietary supplement in the market. Well, except for one that FDA approved last year, called Epidiolex. The bottom line is, except for Epidiolex, everything else that is non-FDA approved still stands as Schedule 1 drug.
In Michigan, purchasing CBD-based products, however, is federally legal, as long as it abides by the rule set by the Department of Licensing and Regulatory Affairs:
- The CBD product must not have more than 0.3% THC, derived from hemp plants produced by licensed growers only.
- Dietary supplements, food, and drinks that contain CBD are still considered illegal; however, hemp seeds, as well as its oil and protein products, are allowed by the FDA.
These CBD products can be bought freely from any licensed stores without fear of breaking any state or federal laws.
Will CBD Use Fail Drug Test?
The short answer will be “no.” The other answer that necessitates an explanation would be “it depends.”
This year, there have been reported cases of people who use CBD products and have failed their drug tests. For example, a 65-year old man from Houston lost his job for failing the random drug test. He has been using CBD oil for his arthritis prior to the test. A similar thing happened to a 61-year old woman from Chicago, who also flunked her drug test. She has been taking CBD pills for her nerve pain.
As it turns out, not all CBD products are created equal; they can be made from different kinds of CBD oil. For instance, full-spectrum CBD product contains not just CBD but also trace amounts of other phytocannabinoids, like THC. Your system can gather enough delta-9 THC with regular use of hemp-based CBD oil. It can trigger a false-positive result in your drug test. There are also cases of mislabeled CBD products, which contain more level of THC than they claim.
A study done by JAMA found that nearly 70% of CBD products marketed online are discovered to have higher levels of THC than normal. The amount of THC is enough to cause impairment and intoxication.
The type of drug test can also be a factor. Some testing facilities conduct urine analysis that can’t differentiate between THC and CBD, as what happened to the man from Houston. A blood test is a better option for a more accurate test.
What Can Be Done About It?
A lot of information out there says CBD will not cause you to fail your drug test, but there is no guarantee to that. To be on the safe side and not risk losing your job if your result turns positive, it is best to refrain from using any CBD products.
Another thing that you can do is to notify concerned parties regarding your CBD usage. You can inform them what particular CBD product you use, the brand, and what you use it for. With this, they will be able to interpret your test results with this information.
Were You Erroneously Terminated from Job Because of This?
You believe 100% that the test result is not what it came out to be. You aired your side, but they won’t change their minds because the decision has been made. What should you do when you lose your job over this incident? Should you get back to the CBD company that manufactures the product you use?
The Clark Law Office can help you with this. Contact us today and let us discuss your case with one of our experienced criminal defense attorneys in Lansing.
