The popularity of CBD products is on the rise, with an increasing number of state legislatures following a federal move to legalize marijuana’s hemp cousin.
But the News4 I-Team has learned the field tests commonly used by law enforcement to detect drugs haven’t kept pace, resulting in legal headaches for some CBD users whose products test positive for pot.
What’s more, many government-run forensic labs aren’t yet capable of measuring the exact amount of THC — the chemical that can produce a high — in most CBD or marijuana products, a necessary tool to help distinguish between the two.
While marijuana is high in THC, it’s usually found in only trace amounts in hemp-derived CBD, which many claim has health benefits. Federal law passed last year allows for hemp-derived CBD products with THC no greater than 0.3 percent, prompting many state legislatures to follow suit.
But the testing technology “is woefully behind the where it needs to be,” said James Moody, a D.C. attorney who specializes in cannabis law. “I don't think anyone anticipated the rise in the use of CBD.”
He’s among those sounding the alarm over drug field tests designed to help police quickly identify the possible presenc