CBD oil has become increasingly popular in recent years, with many people using it for various health conditions. However, it’s important to be aware of the potential implications it can have on pre-employment drug screening. While over-the-counter CBD products typically contain only trace amounts of THC and will not cause a positive drug test result, medical marijuana-grade oil may contain enough THC to trigger a positive result. 

What is CBD oil?

CBD oil, or Cannabidiol oil, is made from an extract of marijuana or hemp flowers and buds. It can be found in oil, beauty and health products, vapors, and infused in edibles such as gummy candy.

Cannabidiol can fall into two categories: over-the-counter and medical marijuana grade. Over-the-counter products have only trace amounts of THC, and will not cause a positive drug test result if used as recommended. They will not cause the “high” associated with marijuana. Medical marijuana grade oil does contain enough THC per dose to cause a positive drug test for THC.

CBD oil is used for the treatment of a variety of conditions, but the only use approved by the FDA is in the treatment of childhood epilepsy. It may also be an effective treatment for anxiety, addiction, or chronic pain, but as of yet, there isn’t enough evidence to support such claims.

Despite the lack of scientific evidence on its efficacy in treating anxiety, addiction, or chronic pain, CBD oil has gained in popularity, and more drug test donors are attributing positive drug tests to its use. And that could be true, depending on how much is used, and how often. In some states, CBD oil may contain as much as 5% THC, and heavy use could cause a positive result.

CBD oil is a Schedule I controlled substance, making it illegal at the federal level. For federally-mandated drug tests, such as DOT drug tests, the use of CBD oil, or medical marijuana, is not considered an acceptable medical reason for a positive result.

What laws are in place surrounding CBD oil?

At the state and city level, laws that regulate CBD oil and medical marijuana vary. If a candidate tests positive for marijuana and has a medical marijuana card, InCheck recommends employers consult with legal counsel before making an employment decision. It also recommends employers have a clearly written company policy that states their position on the use of CBD oil and medical marijuana.

It’s crucial for employers to have a clear company policy on the use of CBD oil and medical marijuana, and to consult with legal counsel if a candidate tests positive for marijuana and has a medical marijuana card. Federal drug tests, such as DOT tests, do not consider the use of CBD oil or medical marijuana as an acceptable medical reason for a positive result. Understanding the legalities and potential risks associated with CBD oil in the context of pre-employment drug screening is essential for both employers and job seekers alike.

How can InCheck help?

It may be time to review your pre-employment drug screening program. InCheck has got you covered! We’re here to build the best process at the best price while creating a first-class experience. This starts with your very first free consultative discussion and continues during our simplified onboarding process and post-implementation day-to-day interactions. If you’re interested in exploring our services, please reach out to schedule a demo.

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

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