What is CBD Oil? If you haven’t tried it, you’ve probably heard of it. Consumer Reports estimates that 64 million Americans have used or tried CBD within 24 months of the survey. With the rising popularity of CBD products, many employers have questions about CBD, how it’s different from marijuana, and its effects on drug testing.

CBD can be derived from cannabis or hemp, a type of cannabis plant with a higher concentration of CBD and at least a trace amount of THC.  At the federal level, CBD derived from hemp is legal as long as it contains 0.3% THC or less, while marijuana-derived CBD is still considered a controlled substance.

The widespread use of CBD has had a significant impact on drug screening. Since CBD products aren’t regulated by the FDA, manufacturers’ claims that their products do not contain THC cannot be substantiated. Most CBD products contain at least a trace amount of THC, and THC can take weeks or months to exit the system. Regular CBD use can result in a  build-up of THC in the body. After enough CBD use, an individual may test positive for THC without ever having used marijuana.

Drug tests don’t detect CBD, so clinics and employers cannot prove any claims that an employee tested positive for THC as a result of CBD use, rather than marijuana use. As state laws regulating the use of CBD vary, InCheck recommends that employers work with their legal counsel to develop a company drug policy that takes into account workplace safety and applicable state laws.

Disclaimer: This blog is for general informational purposes only and should not be construed as legal advice.

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