Tennessee man says he tested positive for THC from CBD, was fired

Published: Feb. 13, 2019 at 4:59 PM EST
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A Middle Tennessee man said he was fired after he tested positive for THC, but he never used marijuana, only CBD oils.

Hilton Mitchell started using CBD for his anxiety about a year ago, CBS affiliate WTVF reported. He said other medications took a toll on him, and CBD didn't come with any side effects, so he kept using it.

CBD is legal in Tennessee as long as the THC content is less than .3 percent. However, that can still show up on a drug test and Mitchell said it got him fired.

"I was pretty much astonish," said Hilton Mitchell. "I never thought I would fail a drug test."

CBD primarily comes from hemp, and if you have hemp-derived CBD products, that's legal in Tennessee, but it doesn't mean you will pass a drug test. It comes down to the testing method.

"It depends on the testing standard," said Professor Elliot Altman. "Most companies say you can’t go above a certain amount and if that is the case then any CBD would be okay because they are below the legal limit."

Altman is a professor at Middle Tennessee State University and is also the director of the Botanical Medical Research Center at the university. He said some jobs are looking for any THC, and even the tiniest amount would make you test positive.

If you're worried, Altman said, there are some companies that sell CBD that has a guarantee of no THC.