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.
Will CBD Oil Result in a Positive Drug Test?
Arno Kroner, DAOM, LAc, is a board-certified acupuncturist, herbalist, and integrative medicine doctor practicing in Santa Monica, California.
CBD (cannabidiol) oil is a popular product for everything from pain control to anxiety to promoting sleep. However, with the rise of CBD comes the concern about failing a drug test due to detection of CBD oil. News stories are emerging across the country involving famous sports players, employees of companies, and others who have gotten positive drug screening results for the presence of THC—the psychoactive component of marijuana —even though CBD oil is said to be THC-free.
What are the odds that CBD oil users will test positive when subjected to illicit drug screenings, and what can be done to prevent it?
Does CBD Oil Contain THC?
When a drug test is performed, the active chemical in marijuana that gets detected in a positive screening is THC. However, most people are under the impression that CBD oil is THC-free.
As it turns out, depending on the source of the cannabis that is used to produce the CBD oil, some products do contain traces of THC (including low-quality isolates and many full-spectrum tinctures).
Breakdown of Cannabis
Cannabis is the umbrella term describing hemp and marijuana plants—two different varieties of the cannabis genus. Both marijuana and hemp can be described as cannabis plants; however, it is important to note that they are still two separate plants.
CBD is one of many active chemical compounds in the cannabis plant. One reason it’s gaining momentum in popularity is because it is said to lack the component of the plant that causes a person to get high, which is called THC (tetrahydrocannabinol).
The primary difference between hemp and marijuana is that hemp is nearly void of THC. In fact, a cannabis strain must contain less than .3 percent THC to be classified as hemp. This is the reason hemp can be legally sold as various products.
Most CBD products are made from hemp, not marijuana.
There are many distinctions between marijuana and hemp that relate to CBD oil. Marijuana contains both THC (the psychoactive component) and CBD, whereas hemp contains CBD and only trace amounts of THC. Hemp contains many cannabinoids—CBD is only one example.
There are several techniques for extracting CBD oil from the cannabis plant. The extraction method determines whether the active CBD compound gets processed as a “full spectrum oil” or an “isolate.” A CBD isolate is a pure compound with no other active compounds or cannabinoids at all. A full spectrum oil contains other active plant compounds in addition to the CBD such as CBN (cannabinol) and cannabis terpenes (the part of the plant that gives the plant its aroma), and more.
Study of CBD Oil
While some CBD oils claim to be isolates, they may be full spectrum oils and actually contain more cannabinoids (such as THC) than they claim.
In a study conducted by researchers from the Lautenberg Center, researchers discovered that CBD was more effective for treating inflammation and pain when used with other cannabis plant compounds derived from a full spectrum product over a CBD isolate product alone. This is one reason that full spectrum products (those containing THC) are popular.
However, the distinction between full spectrum oils and isolates make all the difference if you are being tested for drug use.
Reasons for Failing a CBD Drug Test
There are several common reasons a person fails a CBD drug test.
1. Using Product With THC
The most common reason for a failed CBD drug test is that a person is using a CBD oil product that contains THC. Sometimes, this may be because a person purchases a low-quality product that does contain a small amount of THC—most manufacturers will claim their products do not contain THC, but this is not always the case.
2. Cross Contamination of THC
Very small amounts of THC present in the material that CBD is extracted from can get into the CBD oil in high enough amounts to result in a positive drug test. This scenario may be more apt to occur when CBD oil is purchased from cannabis dispensaries in places where cannabis is legal, as opposed to an online retailer.
3. Mislabeling of Products
CBD oil extracted from hemp is not supposed to have any more than .3 percent of THC. However, it’s not uncommon for sellers to mislabel their products as THC-free hemp when in reality, it’s a low-quality oil extracted from marijuana, which does contain THC.
In fact, one study discovered that almost 70 percent of the CBD products sold online were not labeled properly, “causing potential serious harm to its consumers.” The reason for this widespread mislabeling is that CBD products are not strictly regulated by the FDA.
4. Secondhand Exposure to THC
Inadvertent exposure to marijuana (via secondhand smoke) is unlikely to be enough for a person to get a positive drug test result, but it is possible. Being in a room with heavy pot smokers for several hours may cause the inhalation of enough THC containing smoke to result in a positive test.
A more likely secondhand exposure scenario is a positive marijuana hair test, resulting from direct contact with marijuana paraphernalia or from another person having THC on their hands.
For instance, if someone who had direct contact with marijuana then touched your hair, you could feasibly receive a false positive on a drug screening that tests your hair.
5. CBD Oil Breaks Down in The Digestive System
Some sources report that in rare cases, false positive test results have come from CBD oil that breaks down into very small amounts of THC in the stomach. Other studies, however, have refuted this.
The conclusion is that it’s still theoretically possible for traces of THC metabolites to be present in the stomach acid in the instance where “less-purified CBD productions” are ingested.
How to Avoid a Positive CBD Drug Test
If you take CBD oil, there are measures you can take to try to prevent failing a drug test.
- Do thorough research to ensure the CBD product you’re using is pure and that the company is legitimate.
- Ensure that the CBD oil is an isolate product extracted from a viable industrial hemp supply, and is not a low-quality tincture.
- Ask questions about product processing techniques and the possibility of cross-contamination.
- Avoid secondhand exposure to marijuana use via pot smoking or hair contact from THC users.
A Word From Verywell
In theory, getting a false positive on a drug test from CBD oil should be relatively impossible from pure CBD oil containing less than .3 percent THC. However, because CBD oil is not very well regulated, there is no guarantee that a product contains pure CBD oil, or that its concentration is at a safe or effective level. It is best to use utmost caution and do your research when purchasing a quality CBD oil product to ensure its purity, especially if you need to undergo drug screenings.
Cases of CBD oil users failing drug tests are on the rise. Learn more about why this happens and how to avoid it.