Will CBD use affect a Drug Test?

The use of CBD is increasing in Canada, which means more workers are using it, and it could have an impact on their ability to pass an employment drug test. Here’s why…

While CBD is not tested for in employment drug tests, almost all CBD products contain some amount of THC, and because THC is tested for, this can cause a person to fail a workplace drug test.

Some workers may fail a drug test unknowingly, as the Food and Drug Administration (FDA) does not currently certify the levels of THC in THC and CBD products, so there is no way to know for certain if the labels on the products are correct. Labels should state the amount of THC in the product but they don’t always do that. Some labels may even state the product contains “100% CBD”, when in fact there may be trace amounts of THC.

This brings up the question we are asked constantly, “If I fail a drug test because of my CBD use, that’s still OK right?”

Our best answer is the same as the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance stated in the Notice they issued on February 18th, 2020:

“…CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only use a CBD product.”

THC is impairment-causing, and is therefore not permitted for use in a safety-sensitive position, so workers need to decide if CBD use is the best choice for them as it could cause them to fail a workplace drug test.

HERE IS THE COMPLETE NOTICE FROM THE DOT:

The Agricultural Improvement Act of 2018, Pub. L. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.  Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances.  THC is the primary psychoactive component of marijuana.  Any product, including