can you fail for cbd oil

Will I Fail a Drug Test if I Use CBD Oil?

CBD users nationwide are discovering that the “miracle cure” for various ailments also contains low amounts of THC – not enough to get you high, but enough to give a drug test result that is “positive for THC,” which could result in termination from your job or other consequences:

“I was shocked. I couldn’t believe it. How could this happen to me?” said 72-year-old Lester Garbicz as he explained his reaction to a failed workplace drug test.

“I’m not a drug user, ya know,” said Garbicz, “I don’t use drugs. I was doing something I thought was perfectly legal, something that would not trip a positive THC test.”

What Garbicz didn’t know was that the CBD oil he had been taking for arthritis and glaucoma also contained THC, the psychoactive ingredient in marijuana that can register positive on drug tests.

Why would I fail a drug test if I use CBD oil, even if I don’t smoke marijuana? Do CBD creams and vaping products also test positive for THC? Is there a way to prove that you took CBD oil and not marijuana?

Will I Fail a Drug Test if I Use CBD Oil?

You can fail a drug test if you use CBD oil. According to DISA Global Solutions, a company that performs background checks and drug testing for employers, a positive test result after using CBD oil is not certain, but it is a risk that you take:

Doses aren’t standardized across brands and some recommend higher doses than others. In addition, hemp-derived CBD oils aren’t FDA regulated and the advertised THC levels of products can be unreliable. As a result of varying dose recommendations and uncertain THC levels, taking CBD oil comes with a risk of a non-negative test result.

Why Would I Fail a Drug Test if I Use CBD Oil?

It’s simple enough. CBD oil and other CBD products are now legal in SC and (arguably) under federal law. What makes a product legal CBD as opposed to illegal marijuana is the THC content – CBD products must contain less than .3% THC, which is nowhere near enough to get a person high.

.3% THC, however, is still THC. And the more CBD oil you use, the higher the levels of THC that can be found in your system:

One of the main issues lies in the fact that CBD oil brands are often contradicting because the doses aren’t standardized. Some brands will recommend a much higher dose than others increasing confusion with its inconsistency. CBD oils are not from state-sanctioned programs, and those who are using the suggested serving size might test positive on a drug test even if they are going by the doses.

The Food and Drug Administration (FDA) has published several letters warning consumers of the inaccurate content of various CBD oil products and states that “many were found to not contain the levels of CBD they claimed to contain.”

One of the problems with CBD products is that the levels of THC (and CBD) can vary from product to product and don’t always match what is printed on the label. Some products claim that they contain 0% THC, and yet many of these products still contain some amount of THC which can trigger a positive drug test result.

Will Vaping Cause Me to Fail a Drug Test?

Ingestion of any amount of THC can cause you to fail a drug test – it doesn’t matter if it is contained in edibles, oil, or raw smokable product. It doesn’t matter if it is contained in 100% legal hemp or some Northern Lights that you stuff in your pipe.

It doesn’t matter if the THC level is enough to get you high or if it’s just a byproduct of CBD oil production. If you ingest THC, it may cause you to fail a drug test. Most drug tests that are in use today do not determine the level of THC, only whether THC is present.

Will I Fail a Drug Test if I Use CBD Cream?

CBD cream can also cause you to fail a drug test – whether you are vaping, smoking, eating, or absorbing it through your skin, if there is THC present in the cream, it can show up in the test:

CBD creams can either be used with both hemp and marijuana, which both have differing levels of THC. Hemp-based products are low THC, high CBD, but since the THC levels are unreliable, then there comes a risk of a non-negative test result.

How Can I Prove that It Was CBD Oil and Not THC?

You can’t. The drug tests in use today do not test for CBD levels. They do not test for THC levels either – only for the presence of THC in your system.

When testing for marijuana, drug tests detect THC, not CBD, but even hemp-based CBD products can have low amounts of THC. Drug tests do not determine the type of substance you took, only if it contains THC. Because CBD oil products are unregulated, the THC levels are unreliable.

How Long Does CBD Oil Stay in Your System?

The proper question is “how long does THC stay in your system?” They are not testing for CBD; they are testing for THC. If you have used CBD products that contain any amount of THC, it could be detectable in your system for as long as 30 days for urinalysis or 90 days for a hair follicle test:

If the product contains THC, even hemp-based products that are low THC, then marijuana can remain in your system. Detection windows for THC can vary on a number of factors, including a person’s weight and frequent use. Marijuana can show positive on a urinalysis 30 days after its initial use and up to 90 days on a hair test.

When Is It a Problem to Fail a Drug Test for CBD Oil?

How big of a problem could false positives from CBD oil be? Consider when people are given drug tests:

  • For employment – you could be rejected as a new employee or terminated from your job for failing a drug test;
  • For probation – you could be sent to prison on a probation revocation for failing a drug test;
  • For child custody or visitation hearings in the family court; or
  • In court – judges will sometimes spontaneously drug test a defendant during a court hearing, and, if you fail, your bond could be revoked, or your sentence increased…

Prison? Loss of employment? Loss of custody of your child? Until the testing methods accommodate the legal use of CBD oil, it may be better to not use CBD products if you believe that you will be drug tested, whether it is for your job or for court.

Drug Crimes Defense Attorney in Charleston, SC

Charleston, SC marijuana defense attorney Grant B. Smaldone accepts criminal defense cases in the Charleston, Dorchester, Georgetown, and Myrtle Beach areas of SC. If you’ve been charged with any marijuana offense in South Carolina, including:

Call now at (843) 808-2100 or send us a message for a free consultation about your case.

Pure CBD won't make you fail a drug test, but…

As the CBD craze sweeps the United States – and the world – some users may wonder whether the cannabis extract can make them fail a drug test. A preliminary study suggests the answer is “no” – at least if the CBD is pure.

Researchers found that CBD, or cannabidiol, did not react with either of two commercially available tests used to screen for marijuana use. However, another cannabis compound – cannabinol (CBN) – did.

CBD and CBN are two of many chemicals found in cannabis plants. They differ from THC, the source of the marijuana “high.” CBD is present in marijuana but more abundant in hemp – cannabis plants that have little THC. CBN, meanwhile, is a THC derivative.

If you think CBD products are suddenly everywhere, you’re right: There has been an explosion since last year, when Congress lifted a decades-old ban on growing hemp.

Licensed farmers can now grow the plant, as long as it contains less than 0.3% THC. The result? CBD is turning up in everything from oils and lotions to coffee and cookies.

CBD is promoted for easing anxiety, insomnia and chronic pain, among other ailments. The jury is still out on those uses, but there is some science behind the compound. Last year, the US Food and Drug Administration (FDA) approved a drug containing pure CBD – called Epidiolex – for treating certain rare, severe seizures.

CBN, meanwhile, is far less famous than its cousin, but it is used in products marketed as sleep aids.

Given that context, it’s important to understand how the compounds interact with drug screening tests, said Grace Kroner, lead researcher on the new study.

She and her colleagues at the University of Utah Health Sciences Center in Salt Lake City spiked three batches of urine samples with CBD, CBN and two other cannabis compounds – cannabichromene and cannabigerol.

The researchers tested each batch with two tests commonly used for THC screening. CBN reacted with one, while the other three compounds triggered no false-positives.

Depends on the purity

Why did only one test pick up CBN? The tests are known immunoassays – which means they use antibodies to detect drugs. Kroner explained that there are slight differences in the antibodies that test manufacturers use – so it’s possible to get different results.

While the findings may be a relief to some CBD users, there is a big caveat: The researchers used pure CBD. In the real world, CBD products are largely unregulated and may contain other compounds due to processing.

According to Robert Fitzgerald, a professor at the University of California, San Diego’s Center for Advanced Laboratory Medicine, “It would depend on the purity of the product.”

On the positive side, he noted, immunoassays are only screening tests. They would be followed up by “confirmatory testing” that does distinguish THC from other compounds. But you could still have a problem if your cannabis product was contaminated with THC, Fitzgerald said.

Legally, Kroner noted, CBD products should only be produced from hemp plants with no more than 0.3% THC. But there’s no way for consumers to know for sure what’s in the products they buy.

A 2017 study found that about seven out of 10 CBD products did not contain the amount of cannabidiol stated on the label. And about one in five contained THC.

A false-positive on a drug test could have implications for people at work, and in their medical care. For example, some health care organizations do not allow patients to start opioid painkillers if they use marijuana.

It all points to the importance of taking “cross-reactivity” into account when a drug screening test comes back positive, Kroner said.

“Confirmatory testing should be done before any clinical decisions are made,” she said.

What should you do if you use any of these products and have a drug test coming up?

The simplest course is to refrain for a while, according to Kroner. But she also advised being up front about your CBD or CBN use – or any supplement use, for that matter – so that your test results can be interpreted in that light.

Kroner reported the findings at the annual meeting of the American Association for Clinical Chemistry in Anaheim, California. Studies presented at meetings are generally considered preliminary until they are published in a peer-reviewed journal.