Can hemp-derived delta-9 THC cause a failed drug test

Published on July 10, 2024 · Last updated July 12, 2024

The 2018 Farm Bill created new opportunities for consumers to access delta-9 THC products derived from federally-legal hemp plants, but it didn’t account for federal and state drug testing laws. Understanding how hemp-derived delta-9 THC may impact drug testing is crucial for consumers using legal hemp products who may require drug screenings for employment, medical, or other reasons. Here, we explore the intricacies of drug tests and the detectability of hemp-derived THC.

Overview of hemp-derived delta-9 THC and drug tests

Hemp-derived delta-9 THC is legally defined as the delta-9 tetrahydrocannabinol extracted from hemp plants containing less than 0.3% THC on a dry weight basis. While this low level is federally legal, THC derived from hemp is chemically identical to THC derived from cannabis plants, so it can still be detected by sensitive drug tests designed to identify THC metabolites.

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Detection of THC in drug tests

Most standard drug tests, particularly urine tests, screen for THC-COOH, a metabolite produced when the liver breaks down THC. The sensitivity of these tests generally picks up any THC metabolites, such as delta-9, delta-8, and delta-10, not distinguishing between the sources, be they cannabis or hemp:

  • Threshold levels: Drug tests typically have a concentration level benchmark, below which a test is considered negative. The common cut-off for THC-COOH in urine tests is 50 nanograms per milliliter (ng/mL). Differences in individuals’ metabolisms, THC consumption habits, and product formulations make it impossible to predict the result of a person’s test unless they completely abstain from consuming THC.
  • Impact of usage patterns: The frequency and quantity of hemp-derived delta-9 THC consumed can influence test results. Occasional use of low-THC products may not reach the threshold, while regular use of higher doses might lead to a positive test. However, every individual metabolizes THC differently, and other people’s results do not indicate potential results for you. 

Factors influencing test results

  1. Metabolism: Individual metabolic rates affect how quickly THC metabolites are processed and eliminated from the body.
  2. Body fat: THC is lipid-soluble, meaning it can accumulate in fat cells. People with higher body fat percentages may retain THC metabolites longer.
  3. Product composition: Variability in product formulations means some hemp-derived products might inadvertently contain higher levels of THC than stated, increasing the risk of a positive test.

Minimizing the risk of failing a drug test

For those concerned about testing positive for THC due to the use of hemp-derived products, consider the following:

  • Choose products carefully: Opt for products with verified third-party lab tests that confirm THC levels are below the legal limit of 0.3%. This may require additional research and testing.
  • Understand dosage: Be mindful of the amount and frequency of hemp-derived THC consumption. Lower doses taken less frequently are less likely to be detected, but do not guarantee a negative test.
  • Consider detox methods: While there’s no guaranteed way to quickly remove THC from your system, staying hydrated, exercising, and consuming a healthy diet can help expedite the elimination of THC metabolites.
  • Take a break: The only surefire way to guarantee a negative drug test is to pause all THC consumption and exposure for as long as possible leading up to the test. Learn more about drug testing laws in your state here
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It’s important for consumers to know their local laws and the specific regulations of their workplace or other testing entities. In some jurisdictions or employment scenarios, any detectable level of THC could have legal or occupational repercussions. Drug testing requirements vary both business to business and state to state; some states like California have moved to prohibit the use of a positive drug test as sole means of termination or hiring discrimination. Certain industries, like government jobs and those involving driving, will have stricter protocols. 

Conclusion

While hemp-derived Delta 9 THC products are legal under federal law, they can still pose a risk for drug testing due to the presence of THC metabolites. Drug tests cannot discern the source of these metabolites, nor does the legal status of delta-9 THC from hemp make it legal to consume at your workplace, during workplace hours or protect consumers from potential termination. Users should consider their personal circumstances, product choice, and consumption habits when assessing the risk of a positive drug test result.