Drug Tests Can’t Determine Between CBD and Marijuana

With CBD oil growing in popularity around the nation, users are discovering they are falsely testing positive for marijuana use.

In fact, field tests commonly used by local officials can’t determine the difference between CBD oil and pot. James Moody, an attorney who specializes in cannabis law, admits that the testing technology “is woefully behind the where it needs to be.”

Law enforcement uses kits to determine the presence of cannabis, or marijuana consumption. But hemp—where CBD oil is derived from—and marijuana are both derived from the cannabis sativa plant. This means police can’t easily tell the difference and a CBD user is flagged with marijuana use.

“Judges are being told that [a] product is being field tested and is coming back positive for THC, and that’s factually incorrect,” Moody said. “They very well could be possessing nothing other than CBD, which is completely legal.”

With more CBD users nationwide, false positives are becoming more common.

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