If you fail a drug test and get a positive result, it doesn’t always signify that you’re utilizing a drug. False positives can happen, and employers are aware of this. As a result, they may ask you to do a confirmatory test.
The number of American businesses that do marijuana drug tests is declining, and in certain places, the law even protects employees. Companies that are in places where cannabis is legal are still known to fire employees if they find the drug in their system.
Sometimes, if your test comes back positive, you may get a second chance to take the test. But okay, you still might be asking yourself, “So does that happen all the time? Will you lose your job if you fail a drug test? Will you go to jail?”
Let’s go through all the details in this article and get your questions answered!
- Who needs to take a drug test?
- What is the most common drug test for employment?
- What happens if you fail a pre-employment drug test?
- What will happen if I fail a drug test at work?
- What happens if you fail a drug test on probation?
- How to explain a failed drug test
- Foods to stay away from before a drug test
- Find your state’s drug testing laws
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Who needs to take a drug test?
Anyone from athletes, and employees, to military personnel, might need to take a drug test at least once in their careers. This includes testing via a urine sample, blood, saliva, or hair sample.
A standard test has a cutoff level of 50 ng/ml. To put it in perspective, studies have found that one joint can produce 150 to 200 ng/ml of THC-COOH concentration. However, other researchers found that anyone who ingests 1g of “light cannabis” will most likely test negative in urine tests with a cutoff level of 25 ng/ml.
Furthermore, studies show that:
- Just one inhalation of a 1.75% “low dose” or 3.55% “high dose” THC cannabis cigarette, the average THC concentration levels found in plasma will be around 7.0 ng/ml and 18.1 ng/ml.
- Smoking cannabis joints with 1.64% delta-9 THC results in an average peak of 77 ng/ml of THC in plasma.
- Smoking joints with 1.8% delta-9 THC results in an average peak of 75 ng/ml of THC in plasma.
- Smoking joints with 3.6% delta-9 THC results in an average peak of 100 ng/ml of THC in plasma.
These results are often seen in urine just 3-4 hours after ingesting THC.
What is the most common drug test for employment?
Most employers opt for 5-panel drug tests because they are economically the better option and can show results in just minutes. Typically, the 5 drugs that show up on these tests include:
- Marijuana
- Cocaine
- Opiates
- Amphetamines
- PCP
Other employers might use for example a 7-panel drug test that searches for a few of the drugs above plus:
Some employers may opt for a 10-panel drug test that checks for all the drugs listed above, plus:
- Benzodiazepines
- Ectasy (MDMA)
Each company chooses the tests according to local laws. Now, let’s get into the real deal - what if you fail one of these tests? Keep reading to find out.
What happens if you fail a pre-employment drug test?
If you test positive for drugs after taking a pre-employment drug test, the repercussions will be determined by your hiring manager. In most circumstances, the firm will not hire you. Your positive drug test may be a warning sign for the employer, and they have complete discretion over whether or not to hire you.
You may be recruited under specific circumstances in particular instances. They might give you the opportunity to demonstrate that you have received or are willing to receive expert assistance. This is, however, an uncommon occurrence.
What will happen if I fail a drug test at work?
If you fail a marijuana screening that your company pays for, you can likely lose your job. Though marijuana is legalized in 18 states and Washington D.C., it’s merely up to the employers to decide what to do with a failed test result. Over the years, however, more and more companies are ceasing drug testing just as in the case of Amazon.
What happens if you fail a drug test on probation?
Failing a drug test while on probation can lead to further complications in sentencing and other possible consequences. Your probation officer will likely do periodic drug tests and/or alcohol tests. Knowing this you should take extra care to follow rules and adhere to the law. Some possible outcomes resulting from a failed drug test include:
A warning
If your probation officer finds that you have consumed marijuana, they may just give you an initial warning but it’s possible to have more severe punishments. However, the punishment depends on the seriousness of the crime i.e., if you just ingested the drug or you were found to be trafficking, distributing, or eliciting a minor, you may be sent back to jail right then and there. After your first warning, it’s best to stop any drug use whatsoever.
Community Service
Whether you committed one or two offenses, your probation officer may give you community service hours as a penalty. They would be giving you another chance to make up for your crimes.
Rehab
If you were caught before for the same reasons and it’s already your second (or more) offense, you may be sent to a drug rehabilitation program. There are inpatient and outpatient programs that you can go to while attending school, work, etc.
Probation Revocation
If you continue failing drug tests, your probation officer will then decide to get your probation revoked. Once a judge makes this decision, your punishment will likely change and be harsher. Oftentimes, when your probation is revoked you’re most probably going to be sent back to jail to finish your sentence.
What to Do After a Failed Drug Test? These Next Steps Can Help
Failing a drug test can be tough and testing, but it’s important to know what you’re doing and take the right measures to address the situation. Consider these key points:
Check the results
If you believe that the outcomes of the drug test are incorrect or false, you have the right for another test or a more accurate method of testing. You may also provide information about any medicines or dietary supplements that may have caused a false positive result.
Be aware of your employer’s policy
Different companies have different policies on drug testing and what happens if someone fails one. Find out what your employer expects from those who fail tests. They might offer counseling services; they could send you to rehab or fire you immediately–it all depends on where you're working. For example, some states prohibit employers from firing an employee after their first offense unless he/she agrees not only never use drugs again but attend mandatory rehabilitation programs too!
Look for support
If substance abuse is an issue for you, consider getting help sooner rather than later because once addiction takes place it becomes progressively harder to quit using drugs over time.
This could involve therapy sessions, joining a group like Alcoholics Anonymous (AA) etc., seeking advice from peers etc… Many employers offer resources such as employee assistance programs and EAPs.
Think about legal action:
If there has been some sort of violation against you due to failing a drug test then maybe litigation would help resolve matters in which filing a complaint through the Equal Employment Opportunity Commission EEOC could work wonders!
Remain optimistic and take initiative:
It might seem like failing a drug test is the worst thing that could happen to anyone, but it’s not. Stay positive and stay active in trying to make things right or better for yourself as well as others around you because there are still many opportunities available after this mistake has been made.
How to explain a failed drug test
Don't take a failed test result at face value, especially if you don't use drugs in the first place! False positives can happen. If you've been taking low THC CBD oil (which is legal) or other drugs, you might fail a drug test.
A false positive result from a drug test is absolutely feasible, and there are various reasons for this. Other ways you can dispute a positive drug test result is by:
- Asking for a repeat test as soon as possible to see whether you get the same results or not.
- Listing out any NSAIDs, OTC medications, sleeping pills, allergy meds, antidepressants, or pain killers you’re taking.
- Requesting a more accurate testing method like a gas chromatography/mass spectrometry (GC/MS) test or high-performance liquid chromatography (HPLC) test.
- Finding assistance from a union leader or your private attorney.
Foods to stay away from before a drug test
Aside from OTC medication and prescription drugs, you also need to be wary of the foods to steer clear of before you go for drug screening. Some include:
- Second-hand marijuana smoke
- CBD oil
- Some B-vitamin supplements
- Hemp seeds infused in milk or oil
Keep reading: How to Pass a Drug Test
Find your state’s drug testing laws
Alabama / Alaska / Arizona / Arkansas / California / Colorado / Connecticut / Delaware / Florida / Georgia / Hawaii / Idaho / Illinois / Indiana / Iowa / Kansas / Kentucky / Louisiana / Maine / Maryland / Massachusetts / Michigan / Minnesota / Mississippi / Missouri / Montana / Nebraska / Nevada / New Hampshire / New Jersey / New Mexico / New York / North Carolina / North Dakota / Ohio / Oklahoma / Oregon / Pennsylvania / Rhode Island / South Carolina / South Dakota / Tennessee / Texas / Utah / Vermont / Virginia / Washington / West Virginia / Wisconsin / Wyoming
Resources:
- https://www.shrm.org/topics-tools/employment-law-compliance/workplace-drug-testing-to-employees-fail
- https://www.goodhire.com/resources/articles/failed-drug-test/
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