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.
Can CBD make you fail a drug test?
Drug tests identify tetrahydrocannabinol (THC) or its metabolites. Although these tests do not screen for CBD, some CBD products contain low quantities of THC that could theoretically make a person fail a drug test.
CBD products derive from hemp, a federally legal low-THC type of cannabis. While some CBD products claim to contain no THC, contamination may have occurred during the manufacturing process. In some cases, the manufacturer’s labeling may be incomplete.
Keep reading to learn whether CBD shows up on a drug test.
Share on Pinterest While drug tests do not screen for CBD, its presence may cause a person to fail.
Cannabis sativa is an extremely versatile plant that growers cultivate for numerous purposes, ranging from food, such as hemp seed, hemp-based construction materials, and medicinal and recreational uses.
Researchers have identified over 400 chemical compounds in the cannabis plant, of which about 80 are biologically active.
The most important biologically active compounds in cannabis are cannabinoids. These compounds are specific to the cannabis plant and appear nowhere else in nature.
Some of the more abundant cannabinoids include THC, CBD, cannabigerol (CBG), cannabinol (CBN), and cannabichromene (CBC).
THC is the primary psychoactive compound in cannabis and is intoxicating. CBD does have some psychoactive effects, which is why researchers are studying its potential in treating mental health conditions, such as depression and anxiety. However, it does not have the same intoxicating properties as THC.
The Food and Drug Administration FDA state that products that contain more than 0.3% THC are illegal, and the United States Drug Enforcement Agency (DEA) list them as a Schedule I drug.
THC binds to receptors in different parts of the brain. These receptors normally attach to the endocannabinoids, which are natural compounds that the human body produces.
The following table lists areas in the brain that THC targets and its effects:
|Hippocampus||impairs short-term memory|
|Neocortex||impairs judgment and sensations|
|Basal ganglia||alters reaction time and movements|
|Nucleus accumbens||causes euphoria|
|Amygdala||causes panic and paranoia|
|Cerebellum||causes a feeling of being drunk|
|Brainstem||controls nausea and vomiting|
|Spinal cord||reduces pain|
CBD does not seem to bind to the same receptors as THC.
Scientists are still unsure how CBD exerts its effects, but they think it might boost endocannabinoid levels or bind to serotonin receptors. Serotonin is a hormone that regulates mood, happiness, and anxiety.
In animal and preliminary human studies, CBD has demonstrated some potential therapeutic effects, including:
- reducing inflammation
- relieving pain
- controlling anxiety
- controlling psychosis
- promoting neuroprotection
- preventing vomiting
According to a 2020 article, urine drug tests usually target the following substances:
The urine test is the most common diagnostic test for cannabis. The urine drug screen is an “immunoassay test,” which uses antibodies designed to latch on to specific drugs or their metabolites — in this case, the presence of THC and its metabolites.
If the antibodies identify a drug, they will produce a signal that shows the test as “positive.”
According to an article in American Family Physician (AAFP), the federal government sets drug concentration levels for urine drug screening.
If a test detects a drug under this concentration threshold, it will return a negative result. If a person tests positive on the screening test, they may have to undergo a follow-up test.
Confirmatory tests, such as gas chromatography and mass spectroscopy or high-performance liquid chromatography, are more accurate in detecting drugs and their metabolites.
Doctors must take great care when analyzing the results of a positive cannabis test since false-positive and false-negative results are possible.
People who unexpectedly test positive on a urine drug screen should speak with their doctor.
The AAFP note that the test may detect weed for 3 days after a single use and more than 30 days after heavy use.
This occurs because THC is soluble in fat the body stores it in the fat compartments of the body. As a person burns or recycles this fat, it slowly releases the THC, and the kidneys eliminate it and its metabolites.
Researchers are also interested in using breath and saliva tests to detect cannabis in certain situations outside of the laboratory.
In theory, traffic police could use breath tests to check for impaired driving on the road. However, this technology is new and not yet fully understood.
For more information and resources on CBD and CBD products, please visit our dedicated hub.
Theoretically, people can fail a drug test if they consume a CBD product that also contains THC.
CBD-rich products derive from cannabis or hemp, both of which contain the full spectrum of cannabinoids, including THC.
In a 2019 analysis of 67 CBD-containing food products in Germany, researchers found that 25% of the samples contained THC above the 2.5 milligrams-per-day dose associated with intoxicating side effects.
Although manufacturers may state that they eliminate the THC from their products, this may not be the case. Sometimes, the product has not been third-party tested or is inappropriately labeled, misrepresenting the actual THC dose.
People can also receive a false-positive result for cannabis or THC on a urine drug screen if they use other drugs, including:
- nonsteroidal anti-inflammatory drugs (NSAIDs), such as ibuprofen, naproxen, and sulindac
One study in the Journal of Analytical Toxicology demonstrated that people exposed to passive, or second-hand cannabis smoke, can test positive on a saliva drug test.
Cannabis-free volunteers sat in an unventilated room for several hours with five people who each smoked one cannabis cigarette.
The researchers detected THC in the saliva of each of the cannabis-free volunteers, but these amounts declined over the time spent in the room. Researchers do not know whether exposure to second-hand cannabis smoke will produce a positive saliva test outside of the study environment.
An older study tested whether second-hand cannabis smoke can result in a positive urine drug screen.
The researchers collected 80 urine samples 24 hours after they exposed cannabis-free participants to second-hand cannabis smoke. Only two samples tested positive, but none tested at or above federal thresholds.
It is possible to fail a drug test from taking CBD as some CBD products contain THC. Learn more here.