October 16, 2019

Faulty Drug Testing Causes Dad to Almost Lose Custody of Son


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Caveat emptor – “let the customer beware” ought to undertake an supplemental warning: permit the CBD consumer beware.

The New York Occasions ran a story on Oct. 15, 2019 in which an unsuspecting father who had been providing his 2-yr-old son minute quantities of hemp-derived CBD (cannabidiol) with honey virtually shed his parental visitation rights simply because a drug examination had identified THC in the small boy’s program.

Mark Pennington, desperate he may drop custody of his son, was mortified.

“My jaw strike the flooring. I just realized from the bottom of my heart I hadn’t gotten any THC in my son’s procedure,” claimed Pennington, a resident of Colorado in which he and his girlfriend share custody of their son.

Hemp cultivation in Colorado has been lawful given that 2014. Now, as a end result of the 2018 Farm Invoice, it is authorized throughout the rest of the nation.

With the passage of the Farm Invoice, CBD fundamentally turned lawful as very well.

As we know, hemp is cannabis that contains much less than .3 p.c THC, which begs a concern: why would this sort of a compact amount occur back optimistic for THC in a drug take a look at?

What does this suggest for the 1000’s, potentially hundreds of thousands, of persons employing CBD in its myriad types, for medicinal reasons?

Science to the rescue

Pennington was referred to a scientific specialist to the cannabis industry, Frank Conrad, who directed him to a minimal-regarded review posted in the Journal of Analytical Toxicology.

The analyze confirmed that a typical forensic drug testing system could easily oversight the existence of CBD for THC.

The stated function of the investigate, revealed in January 2012, was to “demonstrate the unsuitability of derivatization with TFAA-HFIP for the assessment of THC and CBD.”

Two chemists with Cascade Chemistry, a private chemical-exploration company in Eugene, Oregon, independently reviewed the analyze for the New York Situations and confirmed the validity of the potential drug testing difficulty.

These outcomes beg a pair extra queries: Why are drug-tests labs employing the faulty take a look at? Isn’t it time to establish a test that performs adequately?

This is not the 1st time.

Conrad, who is also main know-how officer and lab director at Colorado Green Lab, has been an specialist witness in other very similar instances. One particular, in Florida, a pair was billed with possession immediately after a CBD-infused gummy bear analyzed good for THC. Yet another consumer was arrested for violating his parole immediately after screening optimistic for THC, when he claimed he had only made use of CBD.

In each and every court scenario wherever Mr. Conrad has testified and spelled out the difficulty with the defective drug testing technique, prosecutors have dropped the costs.

Fortunately, factors labored out for Mark Pennington.

Pennington received back equal custody of his son. He options to sue the lab that did the drug test, in buy to increase recognition of the problematic tests technique, which could ultimately spoil someone’s daily life.

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