A jury overturned a U.S. Air Force court martial after hearing evidence that hemp oil may test positive for marijuana on a urine test. The decision acquits Master Sergeant Spencer Gaines, 41, of charges that he smoked marijuana.
“[This ruling] has the military drug testing labs very concerned because it undermines the confidence in the effectiveness of the drug testing program, at least for marijuana,” Gaines’ attorney, Charles Gittens said. “The government now has to rule out, in every case, a legal source for [marijuana metabolites.] Here’s a product that’s legal, commercially available over the counter in health-food stores and grocery stores — and it can pop you positive for [marijuana.]”
Hemp seed oil is sold commercially in health food stores across the nation. Presently, health professionals like Dr. Andrew Weil tout the nutritional benefits of hemp oil, noting that it is second only to soy in protein and contains the highest concentration of essential amino and fatty acids found in any food.
The oil may be applied to foods just prior to consumption or ingested in capsule form. A series of studies conducted this past summer both in the United States and abroad indicated that the regular users of the oil may test positive for THC regardless of how they consumed it.
Gaines testified that he began using hemp oil in 1996 as a replacement for essential fatty acids.
“Urinalysis is not a reliable indicator of workplace impairment and, in this instance, the court found that it is not even a true detector of past marijuana use,” said Allen St. Pierre, Executive Director of The NORML Foundation. “As the use of hemp seed oil gains popularity, employers need to recognize that this legal product may test positive for marijuana.”
For more information, please contact either Allen St. Pierre or Paul Armentano of The NORML Foundation @ (202) 483-8751.
