Why a local man says CBD oils cost him his job

ODESSA, TX (KWES) - CBD oils are a natural remedy many people use to treat things like anxiety or depression.

The oils are sold on some store shelves in Texas. But for one Odessa man, using it cost him his job.

CBD oil is derived from the marijuana plant, containing elements that can slow the brainwaves down, which is why patients and consumers around the country use it to treat anxiety, insomnia, depression or seizures. But the oil doesn't carry the euphoric high.

Michael McCain didn't know what he was getting into after using CBD oils for about a month. He got it from a local grocery store. After getting off prescribed anti-depressants, he saw improvement in sleep and no more headaches.

"We were all sleeping a lot better, relaxed, it makes you more level-headed," said McCain.

"I have issues sleeping at night so I don't sleep at 1 or 2 in the morning and I wake up at 5 to go to work. I started taking this, and shoot, I'd go to sleep at 9 and wake up with the alarm went off and I felt a lot better."

So much better that his wife and his two daughters also took it for anxiety, and they were also seeing improvement. Things were fine, until McCain was about to start a new job where he'd later take a drug test, followed by a phone call from his employer with words he'd never expected.

"He says, 'You tested positive for THC.' I said, 'What's that?' He said 'Marijuana.' I said, 'I've never done marijuana.' He said, 'It's in the drug test.' I said, 'I'm taking the CBD oils and that's the only thing I can think of. Will that show up?' He said, 'No there's no way.' I got off the phone with him and asked if there's anything I can do, he said, 'I got to let you go," said McCain.

The results from McCain's drug test show he tested positive for THC. Research shows in order for CBD oil to show up on a drug test, you'd have to consume close to 1,000 to 2,000 mg of CBD in one day but McCain was taking 100 mg a day.

The company, Charlotte's Web, based in Colorado, writes in small print on their Certificate of Analysis, that their product contains .3% THC per hemp regulation. This is the maximum amount manufacturers are allowed to put into their products.

Right now, the state has strict marijuana laws but approved for medicinal cannabis oil to be used for patients with epilepsy. Although cannabis products can be found on some store shelves, the state is cracking down on CBD oil-based products.

As for McCain, DOT rules say he won't be able to work until he takes an 8 hour course, meets with a counselor, passes a drug test and waits 90 days until he can work again.

"Me being the only one who pays the bills, it's important for me not to fail the drug test," said McCain. "But no, we won't be using them for sure."

McCain isn't the only one this has happened to. There have been reports of consumers failing drug tests after using CBD oil. The company, Charlotte's Web says:

Due to the nature of hemp products, there is a chance that consumption could trigger a positive drug test. Please consult with your doctor and/or employer if this is a concern.

This is a proposal of a policy that would require state inspectors to confiscate CBD products off retail shelves.

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