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CBD user fired after failing drug test

A Fort Wayne man is looking for answers after being fired from his factory job of eight years for failing a drug test.

Posted: Nov. 7, 2018 9:37 PM
Updated: Nov. 7, 2018 10:22 PM

FORT WAYNE, Ind. (WFFT)- A Fort Wayne man is looking for answers after being fired from his factory job of eight years for failing a drug test. 

Matt Winicker started using full spectrum CBD oil this year to cope with stress. He also noticed a significant improvement in his back pain. 

After being randomly drug tested, his employer told him he had tested positive for THC and was being let go. 

We've told you on FOX 55 the .3 percent of THC in CBD oil isn't enough to get someone high. It's also not supposed to be enough to fail a drug test, but Winicker has heard of other cases like his in Indiana. 

Dr. Hary Ailinani, a pain management doctor, had the answer for why some CBD users fail drug tests, saying some companies test for the presence of THC rather than just the amount of THC detected. 

"There's pure isolate, which is just 100% CBD, and there's also something called full spectrum where other cannabinoids are a part of the medicine or the tincture. In those particular products, that trace amount can sometimes be detected on drug screens," Ailinani said. 

Labs are required to report any THC level above 15 nanograms per milliliter. Winicker's level was 28, and the lab told him the average marijuana user has levels of 3,000 nanograms. 

He pleaded his case with the company, but still can't be considered for rehire for six months. 

"Christmas is coming up, holidays, daily expenses, house payments. I have to make a huge adjustment to make up for this," Winicker said. 

Dr. Ailinani said any CBD user who fears they could fail a drug test is better off using THC free products. 

"At those levels, the medicinal properties (of THC) are little to none," he said. 

Winicker is looking for a new job, but it's proven difficult. 

"The first question everybody asks is why I left my previous place of employment. And I have to tell them what happened. I failed a drug screen," he said. 

Now, he wants something to change. 

"Either companies need to review their policies to adjust to this, or new laws need to be put in to protect people that are taking it," he said. 

Winicker has reached out to lawyers, but was told Indiana employers can fire for any reason. He's also reached out to state representatives. 

For now, he has stopped using CBD oil. 

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