What you need to know about CBD products. They could cost you your job.
People who use products containing CBD oil may be at risk of failing a drug test, and could lose their job -- or job opportunity.
Alex Greenawalt, prevention director with Keystone Substance Abuse Services in Rock Hill, said there currently is no way to determine the source of a positive THC test.
THC (tetrahydrocannabinol) is the psychoactive compound found in marijuana that creates the “high” feeling.
“The drug test is not going to tell you how that THC got into your employee’s body,” she said.
Keystone provides treatment and prevention services for people facing addiction. Keystone also offers drug screening for their patients, contracted employers and local schools.
The recent increase in CBD and the stores that sell related products has caused confusion in South Carolina. CBD, or Cannabidiol, products still are unregulated by the Food and Drug Administration and may contain illegal levels of THC. That means some products may contain THC above the allowed limit, Greenawalt said.
Users could find themselves in situations where a test indicates drug use.
“Keystone has had patients self-report they use CBD products, and claim that is why THC showed up positive in their urine drug test,” Greenawalt said in an e-mail to The Herald on Jan. 2. “We among every other business cannot differentiate THC from CBD products and THC from other cannabis products when it comes to looking at the THC drug screen results. Keystone cautions all of our patients on the risk of using CBD products throughout treatment services, and that risk is that they may test positive for THC.”
Industrial hemp is a variety of Cannabis sativa, the same plant species as marijuana. However, it is genetically different, according to the S.C. Department of Agriculture. Unlike marijuana, hemp contains very little THC.
Hemp-derived CBD products are generally considered legal under U.S. and South Carolina law if they contain no more than 0.3% of THC on a dried weight basis, according to the laws.
The S.C. agriculture department’s website states: “Legally, THC levels determine whether the substance is considered an agricultural product or a regulated drug. The new S.C. law defines industrial hemp as any part of the plant with a THC concentration that does not exceed 0.3% on a dried weight basis. Anything above that is considered marijuana and is illegal in the state.”
Local law enforcement officials are working to understand how to apply the law since THC and marijuana both are illegal in South Carolina, said Jennifer Colton, senior solicitor with the York County Solicitor’s Office.
“It’s very clear THC in any amount hasn’t been legalized for personal consumption or sale,” Colton said. “(The law) leaves a lot of areas that are very unclear. Law enforcement across the state is trying to figure it out.”
The Herald asked for clarification from the South Carolina Law Enforcement Division.
SLED responded with this statement: “Due to the ongoing litigation in S.C. on this topic, it would be inappropriate for SLED to comment.”
Lancaster County recently added language to their drug and alcohol policy that addresses CBD products for employees. The Lancaster County Council unanimously approved the updated policy at their Dec. 9 meeting, County Administrator Steve Willis said.
The updated employee substance abuse and testing policy makes clear that a failed drug test does not distinguish CBD from other potential sources of THC, Willis said during a Nov. 14 meeting of the Lancaster County administration committee.
“We don’t care. If you test positive, you test positive,” he said.
Lancaster County’s updated policy states:
“It is not possible to determine whether a positive test for marijuana was a result of using CBD or hemp products, or from using marijuana. Therefore, the County will consider any confirmed positive test for marijuana to be conclusive for employment purposes – even if an employee claims to have used CBD or hemp, and even if the employee has a prescription or other physician’s order for its use.
“Employees who use recreational or ‘medical’ marijuana in states where it is legal remain subject to discipline, up to and including discharge, under County policy.”
Willis said in an e-mail to The Herald on Dec. 11: “The change does not affect any penalties; it simply makes clear that a positive THC sample would still result in disciplinary action regardless if the THC came from a vape, gummie, or similar THC product purchased over the counter.”
Chester County is not yet considering adding CBD language to a drug use policy, said Shane Stuart, Chester County supervisor. York County is not revising its drug testing policy at this time, said Trish Startup, spokesperson for county government.
A gray area
Consumers, drug testing companies, employers and law enforcement are confused when it comes to enforcing the law related to CBD products, Greenawalt said.
“It’s a gray zone,” she said.
The 2018 S.C. farm bill defines hemp as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”
The South Carolina Attorney General’s office released an opinion in July stating that unprocessed hemp, or the hemp flower, is illegal in the state if you’re not licensed to handle it. The S.C. Department of Agriculture has issued 114 licensing permits this year to grow hemp, said Eva Moore, spokesperson for the department.
Following the opinion from Attorney General Alan Wilson, prosecutors gave York County stores a deadline to remove illegal unprocessed hemp products, The Herald reported in August. That action did not apply to legal processed CBD products.
A statement from the York County Solicitor’s Office said the opinion “does not impact the possession or sale of legal CBD oil or other processed CBD products such as lotions which may continue to be lawfully possessed or sold.”
South Carolina’s law states: “The provisions contained in this chapter do not apply to the possession, handling, transport, or sale of hemp products and extracts, including those containing hemp-derived cannabinoids, including CBD.”
The attorney general’s opinion leaves the determination to law enforcement officials.
“We defer to law enforcement, in a given situation, based on the relevant facts and circumstances, to decide whether something is considered raw or unprocessed hemp. That’s a finding of fact that’s beyond the scope of an opinion of our office,” Robert Kittle, spokesman for S.C. Attorney General’s Office, said in a statement sent to The Herald in August.
South Carolina’s law defines hemp products as “all products with the federally defined THC level for hemp derived from, or made by, processing hemp plants or hemp plant parts, that are prepared in a form available for commercial sale, including, but not limited to, cosmetics, personal care products, food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.”
Marvin Brown, commander of the York County Drug Enforcement Unit, said his team is working to understand the law as it applies to hemp products with small traces of THC.
“It’s fairly new to us,” Brown said. “We agree CBD oil without THC is legal.”
Brown said law enforcement has tested some products sold locally that have come back as containing THC over the 0.3% limit. Colton said some products sent for testing have come back with as much as 1% THC.
“You’re rolling the dice when you use these products,” Brown said.
Colton said law enforcement’s focus is keeping the public safe.
“What you’re buying in that store could be anything,” she said. “We wouldn’t be fulfilling our duty as public servants if we ignored it.”
‘Human test rats’
Besides possibly unknowingly using THC, consumers of CBD products also face health risks, Greenawalt said. She said CBD products could have added chemicals, pesticides or lead and could contain more or less THC or CBD oil than advertised.
“We are the human test rats of these CBD products that are out there,” Greenawalt said.
The Clean Label Project, a nonprofit that tests and rates a range of products and works to bring transparency to labels, conducted a 2019 study on CBD products. Many brands’ products included THC, pesticides, lead and other metals, according to the study. Forty-five percent of CBD products included in the study had measurable levels of THC.
Greenawalt said consumers should be wary when purchasing CBD products.
“These people are sales people. They know how to sell their product,” she said.
This story was originally published January 3, 2020 at 11:00 AM.
