can an employee fail a drug test if he or she uses cbd?

You will not fail a drug test for CBD, but you could potentially fail a drug test for any THC residue in that CBD product. Due to the unregulated nature of CBD products in the United States, an employee may consume a CBD product that contains high enough levels of THC to create a positive drug test result. If an employee is taking CBD oil or cannabis oil - which often has higher concentrations of THC - under a state's medical marijuana laws, there may be some state law protections for the employee, said Sally Culley, an attorney with Rumberger, Kirk & Caldwell in Orlando, Florida. Workers who use a lot of CBD (cannabidiol) for pain, anxiety, insomnia or a host of other symptoms may accidentally (and unfairly) fail drug tests for cannabis in certain cases, the media and experts report.

Instead, workers fail workplace drug tests because of marijuana's main active ingredient, THC, which can exist in low amounts in some CBD products and then persist in the human body for weeks. The first thing to do when an employee claims that a failed drug test is solely due to CBD consumption is to confirm the screening test result using a more sensitive method such as GC-MS or RP-HPLC. There have been several cases where an employee consumes a product containing CBD and subsequently tests positive in a drug test. Finally, there is the possibility that the employee has consumed a sufficient amount of appropriately labelled CBD products over a short enough period of time for sufficient THC to have accumulated in the body to levels detectable in a drug test.

Most likely, if the employee can sue anyone, it will be the manufacturer of the CBD product or the drug testing laboratory. If you are an employee of a company and want to use CBD but are afraid of failing a random drug test, talk to your employer first. The first explanation involves the CBD product the employee has consumed containing enough THC to create a positive test result. Note that if an employee has been consuming CBD exclusively and not THC, this test may report a false positive for THC.

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Drake Ouellet
Drake Ouellet

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