Posted on 9/5/22

There are multiple reasons why Texans use CBD products. CBD has been proven to reduce daily stress and can help alleviate symptoms connected to certain medical conditions. While taking CBD is legal in Texas, doing so can still lead to a failed drug test. CBD is legal in Texas because the component of marijuana that causes a person to be high is THC, which is not in CBD products. If you believe you have received a false positive for a marijuana test, it is important to understand your options by talking to a Dallas-Fort Worth DWI defense attorney.

The Different Types of CBD and How They Impact Drug Tests

CBD is an abbreviation for cannabidiol, a chemical compound found in cannabis sativa, commonly called marijuana. However, the major chemical compound in marijuana that causes a high is tetrahydrocannabinol (THC), a psychoactive compound. Depending on the type of CBD used, it is still possible for someone to fail a drug test at work or lead to criminal charges. There are three types of CBD:

  • Pure CBD or CBD isolate: This type is free of all of the other chemical compounds in cannabis

  • Full-spectrum CBD: Very small amounts of THC can be present in full-spectrum CBD, causing a person to fail a drug test

  • Broad-spectrum CBD: Free of THC but contains all of the other chemical compounds of cannabis

It is unlikely that consuming pure CBD will lead to a failed drug test, but it is possible that using a product with full spectrum CBD will cause an employee to fail a drug test. In Texas, there are laws regulating the amount of THC manufacturers can include in full spectrum CBD. For example, the THC level needs to be under 0.3. However, even if you consume products at a low level under the legal limit, the amount of THC can build up in your system, leading to a detectable amount on a drug test. If you use full-spectrum CBD daily to alleviate a medical issue, you could experience a build-up that leaves you failing a drug test.

Fighting a Failed Drug Test

It can be extremely discouraging to learn that you have failed a drug test at work even though you haven’t used any illegal substances. If you failed a drug test, it could be a false positive, and it’s important that you begin by taking steps to push back on the positive test results. One of the best steps you can take is to contact an experienced attorney who can challenge any issues related to the lab testing process. If the test was performed incorrectly or the samples were not processed correctly, you can challenge the results and any criminal charges against you.

Contact a Dallas-Fort Worth DWI Attorney

 Have you failed a drug test even though you have not used any illegal substances? If so, contact Abel Law Firm as soon as possible. We will carefully review your case and help you understand your legal options. Contact Abel Law Firm to schedule your free case evaluation today. 

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