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does cbd oil show up on a drug test ny

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.

Mislabeled Products

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.

Will taking cannabidiol cause you to fail a pre-employment drug screening?

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It comes in oils, lotions and gummies.

People add it to their morning coffee or happy hour cocktails.

Cannabidiol, commonly called CBD, is popular cannabis derivative. On its own, cannabidiol won’t get you high. But, there is still a small chance that indulging in those CBD products could lead to a failed drug test. Here’s why.

What’s the difference between CBD and THC?

Both cannabidiol and tetrahydrocannabinol (THC) are compounds that come that come from cannabis.

THC is the psychoactive ingredient in marijuana. That means THC, not CBD, is what creates the feeling of being stoned.

Are employers screening for CBD?

Most employers aren’t screening for CBD itself. They’re testing for THC or the byproducts of metabolizing THC to determine whether employees have used marijuana.

Federal workers can be screened for a variety of substances, including THC and THC metabolites, but CBD is not listed in federal drug testing rules.

Many private employers model their drug policies on federal standards.

Likewise, Michigan’s Civil Service Commission follows federal guidelines for illicit substances, said commission spokesman Matt Fedorchuk. That means state workers are likely being screened for THC, not CBD.

Quest Diagnostics, one of the nation’s largest drug screening firms, does not offer a test for CBD compounds, said Dr. Barry Samples, the company’s director of science and technology.

How much THC is in CBD products?

Many CBD products contain nonexistent or low amounts of THC, so it’s “highly unlikely” that those items would meet the threshold to trigger a failed drug test, Samples said.

A federal farm bill, signed by President Donald Trump in 2018, effectively legalized CBD with less than 0.3% THC by classifying the product as industrial hemp rather than marijuana.

It would be nearly impossible for a THC concentration that low to trigger a failed drug test, even if someone was ingesting the CBD product every day, said Jamie Alan, an assistant professor of pharmacology and toxicology at Michigan State University.

How could CBD products trigger a failed screening?

Problems could arise if someone unknowingly takes CBD with a high concentration of THC.

CBD products remain in regulatory limbo, which means you can’t always trust a label that says CBD is “THC-free,” Alan warned.

The 2018 farm bill put industrial hemp under strict oversight from the U.S. Department of Agriculture, but the Michigan Department of Agriculture and Rural Development has yet to license any hemp growers.

Furthermore, the U.S. Food and Drug Administration has not given approval to most forms of CBD, prompting local health departments to crack down on restaurants that were adding CBD to food and drinks.

“It really is a buyer beware situation,” Samples said of CBD.

“It really is a buyer beware situation.”

Dr. Barry Samples, director of science and technology at Quest Diagnostics

Can you be fired for a failed drug test?

If CBD products do cause you to fail a drug test, you could be fired.

Although Michigan voters have legalized recreational and medical use of cannabis, the drug remains illegal at the federal level and businesses have discretion over their own workplace drug policies.

Courts in Michigan have ruled that employers can fire or deny jobs to people who test positive for marijuana, even if those people have state-issued medical marijuana cards.

How safe, effective is CBD?

CBD users rave about how the substance reduces anxiety, improves sleep and soothes skin, but Alan cautioned that scientific evidence is still limited.

The strongest CBD research involves using the substance control epileptic seizures, Alan said. The only FDA-approved CBD product is Epidiolex, a drug used to treat seizures associated with two rare forms of epilepsy.

Research has shown CBD to be safe in the short-term when ingested or applied to skin, Alan said, although she cautioned against the possible risks of inhaling CBD oil through a vape pen.

In short, CBD might be promising but you should be careful about claims of a miracle, cure-all substance.

“There’s a lot of area for opportunity with this compound,” Alan said. “The research is still in its infancy.”

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Contact Sarah Lehr at (517) 377-1056 or [email protected] Follow her on Twitter @SarahGLehr.

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It's possible, but highly unlikely, that CBD products will cause problems when you have to take a drug test for work.