CBD oil can be made from both marijuana and hemp. Hemp-derived CBD oil (often referred to as low THC, high CBD oil) is legal in all 50 states while marijuana-derived CBD oil is not. The laws for marijuana-derived CBD oil vary by state and often have very strict and specific limitations. Hemp based CBD oils, when used in low doses, are unlikely to result in a positive test because they often don’t contain high enough levels of THC for detection. If an employee is using hemp-derived CBD oil, they would have to consume above 1000-2000mg of the product, considered a relatively large amount, to test non-negative. Note: Taking that much CBD oil could result in the user’s impairment.


Doses aren’t standardized across brands and some recommend higher doses than others. In addition, hemp-derived CBD oils aren’t FDA regulated and the advertised THC levels of products can be unreliable. As a result of varying dose recommendations and uncertain THC levels, taking CBD oil comes with a risk of a non-negative test result.

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