There has been an explosion in the use of marijuana-derived homeopathic medicine. Regardless of whether recreational marijuana use is legal, these are now legal in most states, including Pennsylvania.
Cannabidiol or CBD, for example, is a popular marijuana product that is used to help with sleep or anxiety. The manufacturers claim that there is no intoxicating effect because there is little or no presence of the intoxicating THC compound, which means that customers will not test positive for marijuana use.
These products are showing up on drug tests
Despite the manufacturers’ claims of not leading to positive drug tests, CBD and other products are showing up in testing. Of course, this could lead to serious trouble for drivers pulled over by law enforcement as well as those facing drug tests for work or school.
In one case, a Pennsylvania woman is suing a CBD manufacturer because she lost her job after taking a urine test at work. According to testing experts, the urine test does not detect THC in the body, but the compound created when the body metabolizes THC. This detail can mean a positive test even if it has been several days since using the product. Those concerned about a drug test are best served by not using the products, or at the very least looking for a Certificate of Analysis on the label.
Add this news to the fact that law enforcement has not found reliable testing for marijuana-based DUI charges because THC levels can reside in the body’s fat cells for up to a month after the impairment has passed.
Fighting these charges
Law enforcement likely will not be understanding if you tell them you use CBD or Cannabidiol and did not use marijuana to become intoxicated. The outcome will most likely be left for the courts to decide. The laws on this topic are evolving at this point as more is learned about these products, but a knowledgeable criminal defense attorney will still likely be an important asset to protecting a driver’s innocence and individual rights.