(717) 562-1777 AHOLT@AARONHOLTLAW.COM

There has been an explosion of homeopathic medicine. Driving it of late is the hemp or marijuana-derived products that are legal in many states that do not allow the legal recreational use of marijuana. CBD or cannabidiol is one such product, which said to help with sleep or anxiety. Manufacturers claim that it has none of the intoxicating THC compound, and therefore does not get the user high, but news reports say there are still unanswered questions involving CBD.

Testing positive

The packaging also promises that the product will not show up on drug test, but one Nevada man claims that this is not true. Despite being legal at the federal level and sold in CVS, Rite Aid and Walgreens, customers who use this product are failing drug tests. This could mean problems for those pulled over for DUI or a failed an employer’s drug test.

Now Bianca Thurston of Pennsylvania is suing the manufacturer Koi CBD for failing a drug test and losing her job. The issue is that the urine test commonly used for drug test does not look at the THC in the customer’s system, but the compound created by the body when metabolizes THC. Thus, one testing service claims that the packaging may not be truthful. If there is a concern, look for the packaging that has a Certificate of Analysis.

Another explanation may be that there is a buildup of CBD in the system after regular use for as few as four to six days. It is because THC is stored in fat tissue, later to be released. This is one reason why law enforcement is having difficulty accurately measuring THC levels of drivers – the compound stays in the system for up to a month after the impairment.

What happens if there is a positive test

Law enforcement likely will not be understanding, leaving it for the courts to decide. For employees, the simple solution is to bring the product into work so the employer or manager can see what it is. If that does not work, an option at larger companies is to consult with the HR department, which may be better versed at this issue. There may be an option for protection under the Americans with Disabilities Act or state disability laws, which allow reasonable accommodations or documented exceptions. A doctors recommendation can start this process.

Other solutions

If the testee stops using the product, the employer may be understanding about waiting a few weeks before a retest. This likely will not work for law enforcement. Those who know they will be tested may want to stop using the products, particularly when they are going through the hiring process. If they are unannounced, the employee may deem it best to stop using CBD.

Laws are changing quickly

The laws on these products have evolved as more is known about the product. A defense attorney with experience handling DUI or criminal charges will be a tremendous asset in ensuring that the charges fit the crime if there is a crime or transgression. Ideally, the charges will be dismissed, but reducing the charge may be more realistic.