Positive THC: a dilemma for security forces

Several reports of arrests of citizens carrying cannabidiol oils, mistaken for recreational cannabis users, have appeared in the media. At issue are the false positives related to the detection of delta-9-Tetrahydrocannabinol (THC) in the oil samples, which is legal for its THC percentage of less than 0,3%.

A story published by NBC Washington's News4 I-Team, accounts for several CBD oil consumers detained by security forces. In this month, the police arrestI saw an elderly woman at Disneyworld for admitting she had CBD oil with her. Agents claimed the oil contained THC, hence the arrest.

This is precisely where the problem lies. Testing for the presence of THC in a product is not enough to warrant arrest, because while cannabis typically contains high levels of THC, CBD products also contain THC, but in a residual amount. James Moody, a lawyer specializing in cannabis law, lamented that the testing technology is "sadly behind the level of development it should have been," he told NBC Washington. “I don't think anyone anticipated this huge increase in CBD use,” he said.

Most state laws allow hemp-derived CBD products, thanks to the 2018 Farm Bill. As long as CBD products contain less than 0,3% THC, they are legal. But, as NBC Washington reports, "it's unclear whether major manufacturers are working to develop a test that can distinguish between CBD and cannabis."

This situation can result in multiple false positive tests, which can increase incarcerations of consumers who are, after all, abiding by the law. And while some forensic labs can do a qualitative test to determine exactly the amounts and proportions of cannabinoids, this is something the police cannot do with tests. on site.