Can You Take CBD and Pass a Drug Test?
Not always, even though it’s legal. Here’s how to protect yourself.
The 26-year-old video producer from Reno, Nev., was shocked when a drug test he took as part of a job application came back positive for marijuana. The problem? He hadn’t used marijuana, he says. Instead, J.C., who prefers not to use his name, had taken CBD, or cannabidiol, from hemp to help with sleep and anxiety. And unlike THC, a related compound in cannabis plants, CBD can’t get you high.
“I thought I was in the clear,” J.C. says. “From everything that I had heard, CBD oil wasn’t supposed to show up on drug tests.”
CBD is going mainstream. Late last year Congress made CBD from hemp legal at the federal level. And it’s increasingly found on store shelves, now even sold in some CVS, Rite Aid, and Walgreens stores. An estimated 64 million people have tried CBD in the past 24 months, according to a January 2019 nationally representative survey by Consumer Reports of more than 4,000 adult Americans, using it for pain, insomnia, anxiety, and other health problems.
But as more people try it, one unexpected “side effect” could be failing an employer’s drug test, and even losing a job as a result.
Consider Bianca Thurston of Pennsylvania and Coni Hass of California. They are jointly suing Koi CBD, alleging that they failed drug tests because of the company’s CBD product; Thurston lost her job. Or Douglas Horn, a truck driver in New York who alleges that he lost his job after taking a CBD product made by Dixie (aka Dixie Elixirs).
Koi CBD told Consumer Reports in a statement about the lawsuit: “Koi prides itself on providing the highest-quality products while being a leader in the industry. We take claims regarding our products very seriously. We are investigating this matter and the allegations, which at this time, are unproven and unverified. We remain focused on continuing to carefully craft and offer a full array of beneficial cannabinoid products.”
Dixie Elixirs did not respond to a request for a comment.
So how can you fail a drug test after taking CBD? The urine test most commonly used doesn’t even look for CBD but instead a compound created by the body when it metabolizes THC, says Barry Sample, senior director of science and technology at Quest Diagnostics, the largest administrator of drug tests in the U.S. “There isn’t going to be a laboratory analytical false positive confusing CBD with a THC metabolite.”
But Sample says that CBD products could have more THC than the label claims. CBD products from hemp sold in retail stores and online aren’t supposed contain more than 0.3 percent THC, or tetrahydrocannabinol, the compound in marijuana that can get you high.
It’s also possible that over time, the small amounts of THC allowed in CBD products could build up in the body to detectable levels.
And while New York City recently passed a law that, starting May 10, 2020, will bar many employers from testing prospective employees for marijuana, that is still the exception, even in states that allow marijuana for medical or adult recreational use. In fact, more than half of employers test job applicants for it, says Kate Kennedy, spokesperson for the Society for Human Resource Management, an industry group. That can help companies lower costs for disability insurance and workers’ compensation. Some people who work for the federal government or military or as pilots, bus drivers, train conductors, or truck drivers are also subject to drug testing.
So if you use CBD, especially if you are applying for a job or work in a sensitive field, you should be aware of the possible need to pass a drug test. Here’s more on how to do it, as well as advice on how to avoid that problem or deal with a positive drug test because of CBD.
CBD products often have more THC than claimed, research suggests. For example, a 2017 study in JAMA found that 18 of 84 CBD products, all purchased online, had THC levels possibly high enough to cause intoxication or impairment.
And those elevated levels might also be high enough to cause you not to pass a drug test.
That’s what Horn, the truck driver from New York, alleges happened to him after taking a product advertised to contain “zero THC.”
After losing his job because of the failed drug test, the lawsuit says Horn purchased a sample of the CBD product, had it tested, and found that, contrary to the claim, it did contain THC—enough, the lawsuit alleges, to cause a THC level in his urine of 29 nanograms per milliliter (ng/mL). 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. “It’s buyer beware,” he says. “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. Read more about how CBD products are tested.
Small Amounts of THC Can Build Up
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.
That’s because THC is fat-soluble, says Norbert E. 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.
What to Do If You Failed a Drug Test
Talk with your employer. 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. But he and his partner appreciated that J.C. addressed the situation. “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.
Ask for a retest. 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.
In addition, some companies might set the threshold for THC very low to catch as many people as possible, Earleywine says. But doing so means the test can generate “some false positives, people who look as if they’ve used THC when they haven’t.”
Stop or skip using CBD products if faced with an upcoming drug test. That’s the only way to ensure that your CBD won’t trigger a positive test result for marijuana. And that includes stopping use of topical CBD lotions, oils, and cosmetic products, says Kaminski at Michigan State University. And it’s best to stop two to three weeks before the test, he adds. That should allow for enough time for any THC and THC metabolites to clear out of your system.
If you have to pass a drug test, you might want to skip taking CBD. Here’s why and how to protect yourself, with details from Consumer Reports on whether you can take CBD and pass a drug test.
CBD: What Employers Need to Know
CBD seems to be everywhere lately. You may have noticed ads for CBD oil and other products, promising all types of health benefits—from eliminating acne to improving brain function to alleviating cancer-related symptoms. New shops selling CBD have popped up, and established businesses have gotten into the act. There is even a one-mile stretch in Houston where you can find not only a brand-new store that sells just CBD but also an established hardware store that has been around for decades that now sells it, too, alongside gardening supplies and power tools.
The CBD craze raises serious concerns for employers: First, what is CBD (and what is its relationship to marijuana)? And second, what, if anything, should an employer’s drug and alcohol policy say about the use of products containing CBD? To help clear things up, below are some answers to questions employers may have about CBD.
What is CBD, and how is it different from marijuana?
Both marijuana and hemp can contain cannabidiol (CBD), the main ingredient in CBD products. THC (tetrahydrocannabinol) is the psychoactive substance in marijuana that gets users high. Marijuana has high THC content and low CBD content, while hemp is the opposite, with high CBD content and low (or no) THC content.
Because hemp is high in CBD, CBD products are typically made from hemp, not marijuana. CBD first was sold as oil, but it can now be found in extracts, vaporized liquids, capsules, even beverages and cosmetics.
Is CBD legal?
The Agricultural Improvement Act of 2018 (enacted December 20, 2018) makes hemp and its derivatives, like CBD products, legal as long as their THC concentration is 0.3% or less, even without a prescription.
However, Texas state law is stricter, and some authorities have questioned the legality even of CBD products with 0% THC. So under federal law a user will need to be sure that the THC concentration is 0.3% or less, and under Texas state law even CBD products with 0% THC may be illegal without a prescription.
CBD products’ legality is questionable under Texas state law, to say the least.
What if an employee has a prescription for CBD?
The FDA recently approved a CBD-based drug, Epidiolex, for two rare types of epilepsy. There are also a few (very rarely) prescribed drugs that contain THC: Marinol and Cesamet, with future approval likely for another, Sativex. At the state level, the Texas Compassionate Use Act allows CBD medication prescriptions for some patients.
So if an employee tests positive for THC and presents a prescription for a federally approved drug or a drug under the Texas Compassionate Use Act, the employer should seek specific legal counsel to determine obligations and risks, including the risk that disciplining the employee could lead to allegations of disability discrimination.
Will using CBD cause an employee to fail a marijuana drug screen?
Use of CBD can cause an employee to fail a marijuana drug screen if the CBD product contains enough THC. (In fact, a study found that hair products with hemp oil contained THC that could cause a positive THC hair-follicle test.)
This is a problem because there is no regulation of nonprescription products containing CBD. A study of CBD-containing products found their THC content mislabeled in 100% of samples tested. Vandrey, R. et al., Cannabinoid dose and label accuracy in edible medical cannabis products. JAMA. 2015; 313: 2491–2493. So even if a vial of CBD oil says it contains 0% THC, an employee may “involuntarily” ingest THC and have a positive drug screen. Welty, T. et al., Cannabidiol: Promise and Pitfalls. Epilepsy Curr., 2014 Sep-Oct; 14(5): 250–252.
What should employers think through when it comes to an employee who fails a THC drug screen based on using CBD without a prescription?
The hardest CBD question for employers is what to do if an employee fails a drug screen based on CBD use. Understandably, if an employee uses a CBD product labeled as “0% THC” and then fails a drug screen, that employee may feel that any punishment would be for an involuntary act.
There are a few things employers should think through. First, they should consider warning employees that CBD-containing products may also contain THC even if their labels say otherwise, coupled with a reminder of the employer’s drug-testing policies.
Second, employers should keep in mind that CBD is not documented to impair users, unlike THC or alcohol. So using CBD, on its own, should not affect job performance, and employers should likely not compare CBD ingestion to ingestion of legal substances that can affect job performance, like alcohol or sleeping pills. It makes more sense to focus on two distinct problems when an employee uses CBD products, specifically that they: (1) are arguably illegal under Texas state law, and (2) may contain THC, which is illegal and can affect job performance.
Third, with these two distinct issues in mind (its illegality and that it may contain performance-impairing THC), employers should decide what discipline would be appropriate for an employee who honestly believed they were ingesting THC-free CBD oil and then fails a drug test. Comparisons to similar situations can help. For example:
- How would the employer treat an employee who had a positive hair-follicle drug screen and proved to the employer’s satisfaction that it was due to using hemp oil on their hair?
- How would the employer treat an employee who claims that they failed a drug test not because they chose to smoke marijuana but because they were around marijuana smoke and inhaled it second-hand? Or an employee who claims that her positive drug test results from her unknowingly eating a brownie made using oil containing THC?
- Less similar, but still worth considering: How would the employer treat someone who voluntarily ingested a compound knowing it contained THC, but did so in a state where THC is legal?
The Bottom Line:
CBD products raise tricky questions: they are legal under federal law if they have low THC content, but are likely illegal under Texas state law. CBD does not impair job performance, but CBD-containing products are often adulterated with THC, which is illegal and does affect performance. There are no easy answers, but considering how the employer treats similar situations (like involuntary THC ingestion or voluntary but legal THC ingestion) can help employers clarify their approach to CBD oil and drug testing.
CBD: What Employers Need to Know CBD seems to be everywhere lately. You may have noticed ads for CBD oil and other products, promising all types of health benefits—from eliminating acne to