Don’t get caught up with a drug offense charge because of CBD. CBD is an increasingly common ingredient in both food products and cosmetics and is also smoked in various forms, whether vaporized concentrates or the actual flower of the hemp plant. CBD is derived from hemp, which under the Federal Hemp Act is legal across the United States. In a recent article in Healthgrades, CBD is noted as being particularly helpful for a wide variety of ailments and is used in products ranging from gummies to creams. However you ingest your CBD products, they will eventually make it into your bloodstream, and depending upon their contents, could lead to you testing positive for THC on a drug test.

CBD Drug Defense Attorneys

If you have already tested positive for THC and are facing any professional or legal consequences, you should consult with an attorney as soon as you can. In some cases, the involvement of a lawyer could mitigate the fallout of your positive test.

CBD Products Can Have Enough THC for You to Test Positive on Drug Test

As noted in a recent article in Forbes – titled “Legal CBD Products May Make You Test Positive for Cannabis in Urine Drug Tests, John Hopkins Study Says” – legal CBD products could make you test positive for cannabis. The contents of commercially available CBD products can range widely from producer to producer, and oftentimes there is no industry standard. CBD products may have a level of THC that, while legal, is still enough to tip the scales to a positive drug test for THC.

Producers are Often Required to Provide a Chemical Analysis of CBD Products

If you are facing a drug test and are concerned, it is important that you know the contents of the products you are consuming. In many states, producers of CBD products are required to provide either an on-label list of the contents and levels of THC and CBD-derivates in the product or at least a scannable code to view the certificate of analysis online which lists all the ingredients in the product. Knowing what you are buying and consuming is essential to be informed, and given the legal complexities associated with hemp-derived products, it is best to only buy products that come with a certificate of analysis by a laboratory detailing the contents.

If you have purchased a product from a producer whose label was inaccurate and it led to you testing positive and experiencing damages, you may have a case against the CBD producer for mislabeling. When you are purchasing a product with an ingredients list, you are trusting the producer and acting upon what you’ve been told. Inaccuracies in CBD products can make them illegal and can result in you testing positive for THC on important drug tests.

Connect with an Attorney to Determine What Your Options Are

When you have tested positive for using a legal substance, but your employer is not willing to listen, employing an attorney can be helpful to explain the law to them. While the Federal Hemp Act has made hemp-derived products like CBD legal, many states still have rules and regulations against some of the derivatives of hemp products. For example, some states have banned Delta 8 while others fully support it. In many states, hemp-derived concentrate vaporizer cartridges are illegal, but hemp-derived oil concentrates on their own are not.

The rules and regulations surrounding hemp-derived products are always changing, and a local attorney who knows both the federal rules and the rules in your state can help you determine your rights when it comes to CBD, whether in your drug test or if you’ve been charged with possession. Some CBD-based products like Delta 8 are more likely to lead to a positive test as well, highlighting the value of informed advocacy.


Is a hemp-derived product like CBD illegal to possess in the United States?

Under the Federal Hemp Act, derivatives of hemp products that have less than the legally allowed amount of THC are federally legal and are available in most states, although some states have unique rules in place when it comes to hemp derivatives. The best way to determine the legality of a particular CBD product in your state is to check with the appropriate licensing agency or speak to an attorney.

What if I am charged with possession of marijuana when all I had was CBD?

If you’ve been charged with possession of illegal marijuana but it was, in fact, legal hemp/CBD, the burden is on the state to prove that what you possessed is, in fact, illegal; however, the process can take quite a while, and your case may be pending for some time as testing facilities are often backed up.

Is Delta 8 a type of THC that could make me fail a drug test?

Yes, the illegal THC, Delta 9, is very similar to Delta 8, and while Delta 8 may be derived from legal CBD products, it will show up in a very similar or even identical way to Delta 9 on a drug test, depending upon the complexity of the test, with lesser complex tests more likely to show a positive THC result for Delta 8.

Can I get a DWI/DUI if I’m caught while using CBD and driving?

The answer to this question is, unfortunately, a very strong “it depends.” The rules in place in your given state will determine the legality of CBD, and whether or not CBD has any psychoactive effects that may impact your driving ability is a subject of contention, and could lead to it being decided in court if your case makes it that far.

Call Us Today to Speak with an Appleton Criminal Defense Lawyer

Whether you’ve lost a job due to failing a drug test for using legal hemp-derived products or are facing a criminal case for legal CBD products, an attorney well-versed in cannabis law who understands the Federal Hemp Act and your state’s particular rules is your best bet to fully defend your rights. To schedule your free case evaluation, call Hogan Eickhoff today at (920) 450-9800 or contact us online.