Can You Apply for a Job Again After Failing Drug Test

One Gallup poll establish that almost half of American adults have tried marijuana at least one time. Information from Pew Research discovered that 18% of Americans had consumed the substance in the previous year, with 11% using it in the month before the survey.

The number of American employers that perform drug screenings for marijuana is falling, and at that place are even protections for employees in certain states. Nonetheless, in some states where cannabis use is recreationally legal, companies still burn employees who examination positive for the substance.

This is a major problem for individuals who consume the substance during their days off because THC-COOH metabolites can remain in the urine for weeks. With severe consequences for failing a drug test, it is only natural that you lot would want to fight the verdict.

This article outlines what you lot should do if you lot examination positive for marijuana, including advice on disputing the outcome.

What Constitutes a Failed Drug Screening?

The cutoff limit is 50ng/mL in a standard company urinalysis, and a moderate user should not test positive about four days after their last employ. In some instances, if you test positive for THC-COOH on your first test, a gas chromatography-mass spectrometry (GC-MS) test is used. It is a more sensitive and accurate exam, and the cutoff signal ranges from 5-15 ng/mL.

This 2d test is most a hush-hush due to its cost, but if you provide a simulated-positive result for marijuana in a urinalysis, it could be the exam that saves your chore!

Even i-time users can await to examination positive for a couple of days subsequently consuming weed. Drug tests look for THC, the active intoxicating compound in marijuana. A urine drug screen (also chosen a urinalysis or UDS) tests for the metabolite THC-COOH. Although a UDS does non testify an exact corporeality of the metabolite, it does betoken that the concentration is above a sure threshold.

What Will Happen if I Fail a Drug Examination at Work?

Information technology is an unfortunate situation for people who use marijuana legally and responsibly. It seems unfair that someone tin get in trouble using cannabis on Fri evening when they're not working again until Mon.

Yet, if a visitor pays for marijuana screening via urinalysis, individuals who fail the exam volition likely lose their chore. Likewise, those who utilise for a part and test positive will non be employed by that visitor. While various states take dispensed with marijuana testing, it is nonetheless a sackable offense in many areas.

In the issue of a positive test, don't automatically take the result because there's a possibility of a false positive.

How to Explicate a Failed Drug Examination

The most probable reason people produce positive drug test results is that they smoked marijuana relatively recently! Yet, it is entirely possible for a drug screening to display a imitation positive, and there are several potential reasons.

An one-time study by Moyer et al., published in Mayo Clinic Proceedings in May 1987, suggested that an EMIT-dau screening test with a limit of 20 ng/mL was almost 100% authentic.

However, the research team used the caveat that such tests were but this reliable when using an 'unadulterated urine specimen." They also outlined that upwardly to 15% of positive results could exist 'imitation positives.' Overall, 3% of all tests could reveal a 'fake positive,' so don't have your fate if you have genuinely not used marijuana recently.

A study by Smith et al., presented at the American Psychiatric Association's (APA) annual meeting in 2010, helped solidify Moyer's findings. Co-ordinate to Smith, v-10% of all drug tests reveal a false positive, and 10-15% yield a faux negative. The sheer number of ways in which it is possible to neglect a drug screening accidentally is astounding.

CBD Oil

Unfortunately, non all CBD oil is created equal, and information technology is an unregulated industry, which means in that location are still as well many low-grade products on the market. It is often the case where a CBD tincture contains significant amounts of THC in this scenario.

A 2020 study published in Missouri Medicine looked at mislabeling, contamination, and fraud in CBD products. It outlined an FDA study on over 100 products, which institute that 49% of the products independent THC. The tests revealed a THC level of over 6mg per ml in some products, hands enough to crusade a failed drug screening.

Using CBD products derived from hemp with a maximum of 0.3% THC could cause a failed test if you apply enough. A CBD container with 30ml of liquid could take upward to 90mg of THC. Using 1ml a day with even 0.2% THC is the equivalent of 2mg of the intoxicating cannabinoid. 2ml a twenty-four hour period equals 4mg of THC, and over a certain timeframe, the level of THC could build up in your body to the indicate where a failed drug test is possible.

One way to get around this effect is by purchasing broad-spectrum or CBD isolate products. Here are 3 such products to consider:

Medterra CBD Isolate Oil (500mg – 6000mg CBD)
CBDistillery CBD Conception Pulverization (1 Gram, over 92% CBD)
Joy Organics CBD Gummies (30 ten 10mg of CBD)

Prescription Drugs

A handful of prescription drugs could result in a false-positive outcome for THC. Believe it or not, NSAIDs such as ibuprofen are sometimes blamed for causing false positives. Withal, nearly urine specimens are corrected when a different screening methodology is used. Other drugs that could cause a simulated positive THC reading include:

Pantoprazole
Antibiotics
Antihistamines
CNS stimulants such every bit Ritalin and Adderall
Proton pump inhibitors (PPIs)
Decongestants
Cough suppressants

Efavirenz, an antiretroviral handling, is yet another substance that could result in a simulated positive. In a study published in the Register of Clinical Biochemistry in March 2012, thirty volunteers who used 600mg of Efavirenz daily for 14+ days were tested for THC. An incredible 28 of them gave a false-positive outcome in a rapid response test!

The researchers believed that 1 of the drug's two primary urinary metabolites, EFV8-glucuronide, was the reason for the results. However, it is of import to note that in the study, the authors did not mention any other medication use such every bit Marinol, which causes a false positive for THC up to 45% of the time.

Other Reasons for a False Positive

Believe information technology or not, baby shampoo such as those sold by Johnson & Johnson and CVS could pb to a false-positive upshot for weed! These soaps may accept compounds with a structure that resembles THC.

Other factors, including hemp seed oil, B2, riboflavin, and medical conditions such equally diabetes, liver disease, and kidney disease, could also cause a false-positive result for THC in a drug screen.

The initial UDS tests are rapid diplomacy and are nowhere about as advanced equally employers will have you lot think. The information outlined above only proves our bespeak. In dissimilarity, the GC-MS test is deemed the 'gold standard' of testing considering it can detect extremely small amounts. Its high accuracy and sensitivity mean you are far more than probable to get a true reading.

Nonetheless, information technology takes time, money, and expertise to perform the examination, so some companies don't want you to know about information technology!

Don't Claim Passive Inhalation as a Defense

Unfortunately, the 'I was in a room with people who were smoking weed and accidentally inhaled information technology' defense won't wash considering science doesn't back information technology up. A study published in the JAMA Network in 1983 looked at passive inhalation as a potential reason for a fake-positive issue for THC.

Overall, the researchers performed 3 separate experiments. One involved exposing participants to marijuana smoke daily for 3 days, while another consisted of keeping them in a small enclosed room for an 60 minutes and exposing them to smoke. The final experiment placed volunteers in a pocket-size, closed station wagon and exposed them to smoke. Of the lxxx urine samples taken, only two merely most tested beyond 20mg/mL.

Passive inhalation is non an alibi for testing positive on a drug test – it'southward incredibly unlikely to cause a faux positive!

When presenting the 2010 study to the APA, Smith joked that unless you're stuck in a van with Cheech and Chong for a long time, there is no way to test positive for marijuana utilise through passive inhalation.

A 2015 study published in the Journal of Belittling Toxicology further examined the issue. Researchers placed half-dozen experienced marijuana smokers in a sealed sleeping room with six non-users. The smokers used cannabis with 5.iii% THC in session ane and eleven.three% THC in the subsequent two sessions. Marijuana exposure sessions lasted for an hour.

The not-smokers then submitted to drug tests. While there were multiple positive readings at 20ng/ml, there was only ane at 50ng/ml, the standard cutoff point. Ultimately, while information technology IS possible to examination positive for THC metabolites due to secondhand smoke exposure, it is extremely unlikely, and your employer won't have it as a valid excuse.

How to Dispute a False Positive Drug Test

Your beginning order of concern is to request a GC-MS test which should always be conducted in the event of a positive outcome. Although yous will go a far more accurate reading, in that location is still the potential for another faux positive if the test cavalcade isn't designed to identify all potential compounds.

Contact your supervisor or a Human Resource Officer to talk most the issue as soon every bit possible.

At present is a skillful time to review your contract, specifically the business firm's anti-drugs policy. Information technology should provide you lot with information on what to practice adjacent if an employee wishes to competition what they claim is a false positive.

If you have been using prescription medication, dietary supplements, OTC drugs, or fifty-fifty CBD products, present them during your meeting with the medical review officeholder (MRO). Also, disclose all of the food and beverages you have consumed lately, especially so-called 'herbal' supplements. Your employer will contact the lab that conducted the test to confirm the results.

At this phase, your company should asking a GC-MS exam. The 2d exam may not exist necessary if the MRO concludes that y'all had a legitimate reason for a positive test and take the requisite evidence and supporting documents. If this happens, the test is downgraded to a negative. If you besides fail the GC-MS test, things get significantly trickier.

What Happens Side by side?

Companies adopt to use a test similar a urinalysis considering it enables them to take screenings on a big calibration at a depression cost. When your urine (or other specimens) is nerveless, they are split into two samples, with one saved for confirmatory testing. The GC-MS test is run on the other sample if the initial examination shows a positive result.

As it is considered the virtually accurate test, it is nearly impossible to prove that it gave a misleading result. Unless you tin can show clear bear witness that something yous consumed was responsible for the positive test, your employer will about certainly end your contract.

In most states, this volition probably be the end of the matter. The consequences of a failed drug test are wide-ranging and potentially life-altering. Bated from the loss of employment, you could theoretically get into legal trouble if you apply marijuana in a country where it is illegal.

However, companies with fifteen+ employees are subject to the Americans with Disabilities Act (ADA). Information technology includes sure addictions among the conditions for which companies must provide reasonable accommodations. Therefore, employers must be prepared to offer these accommodations to employees subject to ADA, including providing go out time to pursue rehab or counseling.

Y'all Tin can Nonetheless Fight Dorsum

Still, you could be lucky if you live in one of the few states taking a stand against this increasingly unfair practice. In Dec 2018 in Delaware, a guess ruled that an MMJ cardholder fired from his factory job subsequently failing a drug test was allowed to pursue a lawsuit against his former employer.

According to Superior Court Judge Noel Primos, federal law does non preempt Delaware's medical marijuana law. He said that the law prevents employers from discriminating based on the use of MMJ.

In February 2019, a federal estimate rebuked a Walmart store in Arizona for firing an employee in possession of an MMJ card after she failed a drug examination. According to Arizona U.s.a. District Judge James A. Teilborg, Walmart wasn't justified in firing the employee considering it could not prove she was impaired at work.

The fact is that companies beyond the United States are finding information technology harder to fire people for using weed.

At present, around 20 states prohibit employers from discriminating confronting MMJ cardholders. These laws also prevent companies from firing employees who exam positive for marijuana, as long as they utilize the substance off-duty. In sure states, employers have to reasonably arrange people who apply MMJ for a medical status.

For instance, if someone uses MMJ for glaucoma at dark, their company should permit the person to begin piece of work later in the forenoon.

What Happens if You Fail a Pre-Employment Drug Exam?

In most cases, a failed pre-employment drug exam disqualifies you for the role unless you live in a state that affords protections to legal users of the substance. Technically speaking, you could get into legal difficulties if y'all alive in a state where marijuana is completely illegal.

All the same, information technology is unlikely that the company will contact law enforcement government. False-positive tests can happen, and organizations will hardly ever bother running a confirmatory check in the pre-employment phase. If a concern reports you to the police, you could sue them if the test results aren't accurate.

The consequences are more severe if you utilize for a condom-sensitive position, such as a role at the United states of america Section of Transportation (DOT). If you fail or pass up a pre-employment DOT drug screening, it will impact your ability to get further employment. In this scenario, you will demand to consummate a DOT Return to Duty (RTD) procedure with a qualified DOT Substance Corruption Professional before future applications.

A positive exam outcome stays in the Drug and Booze Clearinghouse until you finalize the RTD process and consummate follow-up testing. At that point, the information stays in the clearinghouse for five years. Employers can't access DOT drug testing results without your permission, merely failure to provide consent means yous're prevented from performing condom-sensitive job duties.

Can You lot Still Become Hired if Yous Fail a Drug Test?

In most cases, companies that carry drug tests won't rent you if yous fail. However, some businesses might ask you to get tested once again later. Pass that particular screening, and y'all may remain in consideration for the chore.

A lot depends on the company'due south policies in full general. You tin can forget well-nigh being hired for a government position or any role where safety is paramount. However, in certain situations, a company might hire yous on the proviso that y'all clean upwardly your human activity. Such organizations volition almost certainly examination you regularly while you're in their utilize.

Delight note that the employer is the only political party authorized to see your results, and it is illegal for them to share the data with other employers. Therefore, if you neglect a drug screening for one company, you can get a job with a different organization if you pass its drug test. Alternatively, you can use for a position with no pre-employment drug exam.

A final pick is to use synthetic urine to try and cheat on your test. Brands such as Upass and Quick Fix are highly rated. However, it is illegal to use fake pee in many states, and y'all will face legal action if caught using it in these locations.

Final Thoughts on Failing Your Drug Examination

A tighter labor marketplace and increased legalization and availability of weed mean that fewer companies perform drug screenings. If you live in a state where MMJ cardholders have protection, you could legitimately sue any house that fires you or doesn't hire you based on a positive outcome for THC in a drug screening.

If you lot don't take this protection and test positive for marijuana, you don't have to accept the event if you believe it is a false positive. Hopefully, you now understand that the pertinent question to enquire in the face of a positive test is: 'Tin can I take a GC-MS exam?' If your employer refuses, you lot could accept grounds for legal activity.

For CBD users, delight remember that your oil could contain up to 0.3% THC or more than if you buy from a depression-form brand. If yous use 1ml of CBD oil, information technology could legally contain 3mg of THC. If you use a big amount of the oil each twenty-four hours, there's a run a risk of failing a drug screening. It is also possible to provide a imitation positive due to medication you lot took or a faulty test.

Ultimately, your job is on the line, then you should entreatment the result if y'all believe the test reading is incorrect.

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Article Sources

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