What Legal Rights Do I Have to Have My Drug Test Retaken to Prove Innocence?

It may be heart wrenching to find out that you lost a potential job, or other similar opportunity, because of failing drug test. This may be worse off in case you have no positive history of using marijuana or you had abstained for a considerable amount of time.

In case you may have used weed in the recent past and tried to flush it out of your system through one way or another, then this may not be the post for you. Most methods of detoxifying from weed and other drugs are not 100% effective.

But in case of the other scenarios, you are justified in trying to find recourse. This brief explains to you how to go about this.

What Causes False Positive Results?

First, testing labs may make mistakes such as mixing up samples, erroneous interpretation of results or erroneous drug testing procedures. Your results could have also been intentionally compromised, and in this case, you might need to take legal action against responsible parties.

Other than human error, taking any of the following substances prior to your drug test could lead to a false positive result.

  • Poppy seed products
  • NSAIDS (naproxen, ibuprofen)
  • Products containing hemp – including tanning lotions, shampoos, and food products.
  • Nasal sprays

Any of these substances could be picked up by the marijuana test and give a false positive result. A standard drug test screens for delta-9-tetrahydrocannabinol (THC) the psychoactive compound found in cannabis.

Note that taking hemp oil with high cannabidiol (CBD) amounts and trace THC amounts should not make you fail a standard drug test as this test is intended to detect THC amounts in urine that exceed 50ng/mL.

Your Legal Options After a False Positive

Many companies will allow you to test again if you are not satisfied with the initial results. It is advisable that you avoid taking medications or any vitamins that may have led to your false positive during the first test. If you are on a medication that you cannot skip, it is best you bring the medicine along to the test and explain that it could lead to a false positive.

Should your second drug test turn positive, you then will want to schedule a meeting with the person in charge of your company’s testing policies.

You should come prepared to discuss medications you have been taking, and the reasons why you believe they led to a positive drug test result. In case it is a job you had applied for, you can try reaching out to the person in charge of drug testing and explain your situation.

Failing a second drug test may be disappointing, but it does not mean that you have to accept the results are they are. So long as you have not been taking the drug that tests are showing positive results on, you should not admit fault.

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Do I Need a Lawyer After a Failed Drug Test?

If you have been fired or failed to secure a job over a false positive drug test result, an employment lawyer can be of great benefit. The same applies if you have been denied benefits due to a faulty or unlawful drug test.

Your lawyer will help you understand your jurisdiction’s drug testing laws, explain your legal options, and decipher the best course of action to safeguard your rights.

Rick Ritzman

I gained an interest in the medical aspects of Cannabis at a young age. This led me to pursue undergraduate studies in neuroscience, agriculture and a Ph.D. in pharmacology. I have performed research in several therapeutic areas, including cancer, immunology, and pain.

INSPIRE – 2020 Medical Marijuana Expo – Minnesota