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DID YOU DROP DIRTY? Your Drug Test Can’t Tell The Difference Between CBD and THC! (Pt 2)

A bottle of CBD oil with a dropper sitting next to a tipped bowl of hemp seeds and a bud from a marijuana plant.

Hi there and welcome back! We’ve been talking about the difference between CBD and TCH, and the fact that many drug tests can’t tell the difference. In the previous article we broke down the different ways that the two compounds affect the human brain and body, and how this affects the ways in which they are used. Moving on we want to share a story with you of how this can have a huge impact on your life, and why it matters how you fight allegations of drug use if you’re on parole or probation or maybe because of drug testing at your workplace.

Here’s why it matters when tests can’t differentiate between THC and CBD

A story in the New York Times highlights this issue with a story that captures exactly how a single test, unable to differentiate between THC and CBD, can put you on the fast track to disaster! It all started when Mark Pennington’s ex girlfriend took a strand of hair from their 2-year-old son’s head and had it analyzed at a lab. It came back positive for TCH, which was automatically assumed to be Pennington’s fault. Although he shared custody with the mother, the court granted him only supervised visits with his little son.

Penington knew he hadn’t given his son any weed or TCH-laden products. But he had been providing the boy with honey infused with CBD. Although up until very recently this was illegal under federal law, the Farm Bill legalized the use of hemp, which includes cannabis with THC levels lower than 3%. In other words, CBD oil (which contains less than 3% of THC) became legal. So Pennington should have been in the clear. Instead, he lost custody of his son.

This is where the drug testing issue becomes a big deal!

Penington didn’t know what he could do to regain custody of his son until he spoke to Frank Conrad, the chief technology officer and lab director at Colorado Green Lab. The lab is a current scientific consultant to the cannabis industry, and it was Conrad who showed Penington a little-known study from 2012, published in the Journal of Analytical Toxicology which revealed that commonly used forensic drug testing methods often mistake CBD for THC. Which meant that the CBD-infused honey Penington had been giving his son could easily have been mistaken for THC.

In the end, Conrad served as an expert witness for Penington, and he won back custody of his son after proving that the boy had only had CBD but never THC. However, imagine the enormous expense Penington incurred during this battle. And the lost hours with his son that he’ll never get back. Even if you win the fight, there are some battles you lose no matter what. It’s tragic. And it could all be avoided if only authorities were willing to use more sensitive tests that could detect the differences between CBD and THC.

The issue is an even bigger deal when you’re talking about your freedom!

Penington temporarily lost custody of his son as a result of a test result that couldn’t differentiate between two very different marijuana compounds. But what about those people who have to do court-ordered “drops” as part of their probation or parole conditions? What happens when you do a “dirty drop” even although you haven’t used any drugs, and wind up back behind bars, all because the legal CBD oil you use for insomnia or anxiety got mistaken for THC and you failed your drug test? That might also cost you your job. 

That’s where we come in. At The Kronzek Firm, our top-rated and experienced criminal defense attorneys know what you’re up against when you’re accused of violating the terms of your probation or parole. In defending you against those allegations, we will do everything we can, including working with the prosecutor to avoid a probation violation hearing. In the event that a hearing does happen, we’ll fight to prove that you didn’t violate your probation requirements. Whether you live in Lansing, Adrian, Grand Rapids, Jackson or Hillsdale, we can help. 

Call 866 7NoJail (866-766-5245) today to ensure that your future is protected!

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