- The SAMHSA
- Hemp and CBD Legality
- Is CBD oil Legal?
- Do Drug Tests Check for CBD?
- Charlotte’s web and Other Low THC Strains
- Can You Fail a Drug Test Due to CBD?
- Be sure to Pass
It doesn’t matter if your for or agents drug testing. Current Federal laws in the US allow employers to conduct drug tests and screenings.
As invasive as they are, until these laws are changes we have to suffer the consequence of having our rights and bodies invaded by corporations.
At the least there are standard which must be followed when conducting any drug testing. These standards are set in place by the SAMHSA.
The Substance Abuse and Mental Health Service Administration, is a government agency that sets the guidelines for drug testing procedures. Any agency that follows these guidelines can legally conduct drug testing.
SAMHSA creates its standards based on Federal drug scheduling. Which means, if a substance is not declared illegal, it cannot be screened for. Now thats just on a federal level.
The legality of some substances maybe in question on the state level. In such cases, even if the substance is not Federally deemed illegal. It can be screened for on a state level. As long as the basic SAMSHA testing standards are followed.top
Hemp and CBD Legality
Since Hemp is a close relative to THC containing Cannabis. It may contains very little or no THC, but it still may have other Cannabinoids, like CBD.
This puts the legality of Hemp and CBD into question. Basically, if a state doesn’t have laws protecting the use of Hemp or CBD, there may be legal repercussions involved.
Some states have specifically drawn clear legal lines when dealing with Cannabis extracts. Creating laws that protect the use of CBD, hemp and its produces.
These laws put a limitation on the percentage of THC a hemp plant can contain. Any thing over that percentage maybe considered illegal.
For example, in Indiana, CBD oils and extracts must have a minimum of at least 5% CBD and no more than 0.3% THC.
State and Federal Laws may contradict each other. Please read on for clarification. top
Is CBD oil Legal?
Now that we have went over some of the basics, lets get into the more complicated issues.
CBD is not a federally scheduled substance, but it is an extract of Cannabis. This makes CBD oils and extracts illegal by federal laws.
Since such laws fall under a gray category and state laws differ or protect CBD, enforcement is difficult.
Federal CBD laws are often only used as secondary finding. Or if CBD extracts cross state lines, the Federal Bureau of Investigations and DEA will get involved.top
Do Drug Tests Check for CBD?
Simply put, NO.
Remember the DEA created a work around, bending the rules a bit. CBD is not scheduled as an illegal drug, Cannabis extracts, oils and other products are.
So the FEDs can test oils and extracts if they need to prove the product is derived from Marijuana.
But, they cannot test “Your Person” for CBD, since humans are natural being and not Marijuana extracts.
Charlotte’s web and Other Low THC Strains
Some growers are dedicated to creating medicinal strains that test the legal boundary. Producing Cannabis strains that are very low in THC but high in CBD and other cannabinoids.
These Hybrid strains are great for patients that need CBD for treatment, but want to avoid the THC high.
A well known strain in this category is Charlotte’s Web. With this strain, THC is at or below 0.3% and CBD is generally high, at or above 10%-20%, Making it and its extracts legal in some states.
Now remember, that although these strains, the plant and extracts maybe legal in some states. Due to the CBD protection laws.
All cannabis plants and extracts are totally illegal federally, under FDA regulations.
Also, these strains do contain THC, so it is possible to fail a drug test if you use Charlottes web or similar hybrids.
Can You Fail a Drug Test Due to CBD?
Ok, once again things get a little complicated here.
No drug screenings test for CBD, so you cannot fail a drug test due to CBD, directly.
There can be a couple of issues here. No CBD extracts, oils or strains are completely void of THC.
Since Marijuana extracts are banned by the DEA, the FDA has no regulations or standards for checking quality.
This means, the oil may contain more THC than labeled. Contain little to no CBD or even be totally fake.
There are three possible ways you might fail a drug screening for THC when using CBD
- The CBD oil contain high levels of THC
- THC residual build up after long term use
These factors can make it possible to fail a drug test. Worse, if you fail, there is no way to prove that you don’t use marijuana, or that you only use CBD for non-psychoactive reasons.
So, its a fail thats unredeemable. top
Be sure to Pass
Even thought there is no guaranteed way to totally avoid testing positive for THC. There are a couple of things you can do to avoid these types of problems before a drug test.
- Reputable CBD Oil – Find a source that you can trust. Don’t purchase an oil based on price or claims. Research the company, find real reviews. It’s important that the label on the bottle is a true representation of whats inside.
- Limit use, if possible – No matter how little THC the oil contains, there will be a build up after some time. THC is Fat soluble and very hard to get rid off. This can be a more of an issue if your body fat percentage is high. Also, do to estrogen and water retention, woman take longer to get rid of THC.
- Cleanse your System – There are ways you can momentarily flush out THC or drop THC levels in your system. Using a cleanser can get rid of THC for a short period of time. Keeping active, eating a low carb diet and drinking plenty of fluids can also help keep THC levels in check.
Lets quickly go over a few other CBD related questions, as well as clarify some of the above.
Can you test positive using CBD?
Its possible to fail a drug test for THC if you use a CBD extract, check above.
Will CBD vape oil show up on drug test?
The CBD its self will not, but if it contains any THC, it will show up.
How long does CBD stay in your system?
Just like THC, all Cannabinoids are fat soluble and get absorbed into your system the same way. This means its in your system for the same amount of time any Marijuana product would be.
How long is CBD detectable in urine?
I don’t believe there are any CBD specific urine test. If there where it would depend on amount used, duration and body type. Typically 3 weeks to 3 months.
Will CBD get you high?
CBD will not get you high, but that doesn’t mean you wont notice any effects. CBD although not psychoactive, is known to have the following side effects:
- Sensation of being happy
- Slight dulling of pain
- Heavy body feel
- Sleepy or drowsy
- Tingling sensation
Does CBD show up on a hair follicle test?
No, because there are no hair tests for CBD, but you may be at risk for failing from THC when using CBD oil.