Although CBD products are advertised as being very low in THC (the compound in marijuana that gets you high), when it comes to regulation things get complicated. That means the CBD oil you bought could contain more THC than you expect. In fact, it may be enough to be detectable in a blood test, urine test, or enough to impair you.

In Ohio, you can be convicted of operating a vehicle impaired (OVI) for having any detectable amount of THC in your system. The State doesn’t have to prove that you were actually impaired by the drug, only that you had a prohibited amount in your system while driving.

That means it’s extremely important to choose CBD products that contain very little THC. Unfortunately, that is a difficult task.

CBD products vary greatly in potency.

A 2017 study in the Journal of the American Medical Association found that over two-thirds of CBD products tested were mislabeled. Many contained a different amount of CBD than was listed on the label, and some, none at all. In fact, 18 of 84 samples tested had a great deal more THC than the federal limit of 0.3%. Others contained contaminants ranging from synthetic marijuana, cough medicine, and dangerous synthetics.

The FDA has sent warning letters to companies whose CBD products were found to contain different levels than claimed. Additionally, the Federal Trade Commission has been sanctioning companies for making unproven health claims about CBD, but other than that, there is not much in the way of regulation.

Quest Diagnostics is the U.S.’s largest administrator of drug tests. According to the Senior Director of Science and Technology at Quest, most drug tests are not designed to catch CBD users. Instead, the tests are looking for a compound that the body produces when metabolizing THC.

However, the problem may be bigger than mislabeling. Even if you’re using CBD products that do fall under the 0.3% THC limit, metabolites can gradually build up in your body until it becomes detectable via a drug test.

This is why it’s important to only buy CBD products from manufacturers who can provide a certificate of analysis (COA) for their products. The COA should list results of a company test for THC, CBD, and contaminants.

What can you do if you are charged with an OVI?

If you’re arrested for OVI due to CBD use, contact an experienced criminal defense lawyer right away. At Akamine Law, we will fight to protect the rights of people who are facing OVI charges.

Contact our Columbus office now to schedule your free consultation.