That’s double the amount that typically triggers a positive result, says Sample at Quest Diagnostics. Mislabeled CBD products are a growing problem for American workers, Sample believes. “There’s not always truth in labeling on the products.” And he believes those high levels could be due in part to how THC levels are measured in hemp plants.
While those plants are supposed to contain no more than 0.3 percent THC, that’s based on the dry weight of the plant. “But dry weight doesn’t necessarily equate to what’s in the finished product,” Sample says. Plus, he says, in some cases that percentage is based on the weight of the whole plant, or on the weight of the buds or flowers, which tend to have more THC. Adding to the confusion is that each state can determine how it samples and tests hemp plants for THC content, says Aline DeLucia, senior policy analyst for the National Association of State Departments of Agriculture. When sampling the hemp plant, “the closer you get to the flower, the higher the THC content. So some states collect the top 6 inches of the plant, while others do it differently,” DeLucia says.
But “everybody is onboard that we need some kind of uniformity.” And once CBD is turned into a “finished” product, such as an oil, a lotion, a tincture, a pill, or a vape liquid, few states dictate how those should be tested for THC, save for Oregon and soon Vermont. State agriculture departments, DeLucia says, don’t have jurisdiction over testing these products for safety. Last, some states allow medical CBD products obtained through permitted channels to contain more than 0.3 percent THC. For example, the cutoff in Georgia and Virginia is 5 percent, Sample says, a level that is definitely high enough to cause impairment and a failed drug test. Best bet: To increase the likelihood that a product doesn’t have more THC than claimed, look for a manufacturer that can provide a Certificate of Analysis, or COA, for its product. That document shows the results of a company’s testing for THC, CBD, and various contaminants. Though that testing is voluntary (except in Indiana and Utah) and the results aren’t confirmed by independent experts, for now it’s the best information available. If a store or website can’t provide you with a COA, look for another product. Many legitimate CBD products contain small amounts of THC. And when taken regularly over as little as four to six days, that THC can accumulate in the body, according to several studies. Kaminski, Ph.D., professor of pharmacology and toxicology at Michigan State University in East Lansing. So THC that isn’t immediately metabolized by the body will be stored in fat tissue. And “over time, THC and THC metabolites will be slowly released,” Kaminski says. As a result, it’s possible to test positive for THC and not pass a drug test, even after you’ve stopped taking the product. Sample, at Quest Diagnostics, says that chronic, heavy users of marijuana could test positive even a month after they stop using it. Best bet: Consider products that are claimed to be “CBD only” and have COAs showing that they contain zero THC. Also, you can try tracking your own THC levels with an at-home drug test, says Mitch Earleywine, Ph.D., a professor of psychology at the University at Albany, State University of New York, who has studied the medicinal use of CBD. If you test positive but need to be THC-free, consider taking a two- to three-week break from the product to clear THC from your system, he says. That’s what worked for J.C., in Nevada, after he tested positive for marijuana use. Armed with documentation from his doctor that he was taking CBD to treat anxiety and insomnia, he met with company co-founder Matt Ross, chief operating officer of the Slumber Yard—a website that tracks user experiences with buying and using mattresses—and explained why he was taking it. He even took the bottle in for his employer to see. “I wasn’t familiar with CBD at the time,” Ross says. “He was really talented as a video editor, and we felt comfortable enough to get past it.” If that doesn’t work, try your company’s HR department. If your employer resists, you may be able to seek protection through the Americans with Disabilities Act and state disability laws. Those laws allows people with documented needs to get exceptions, or “reasonable accommodations,” to account for their medical situation. While the ADA does not apply to marijuana—because it remains illegal on the federal level, even for medical use—it’s still worth asking your company’s HR department, says James Reidy, an attorney at Sheehan Phinney Bass & Green who focuses on drug policy issues with employers.
That’s because CBD from hemp is now legal on a federal level. If you have any documentation from a medical provider, that can help, too. And you may have more luck if you live in Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, New York, Pennsylvania, or West Virginia. Those states have passed laws providing some protection for people who use medical marijuana, potentially including CBD, Reidy says. Other states, such as likeCalifornia, Montana, Oregon, and Washington have laws to assure that companies located in those states do not have to provide “reasonable accommodations” for people who use medical marijuana, and leave it up to each employer to decide, Reidy says.
In those states, though, it’s still worth asking your company’s HR department about it if you’ve failed a drug test for marijuana after taking CBD. If you’ve stopped taking CBD for a few weeks or longer, or took CBD infrequently, and still test positive for marijuana, consider asking for a retest. Though there are safeguards in place to prevent errors, Sample says, in rare cases they do happen.