San Antonio, TX asked in Cannabis & Marijuana Law, Consumer Law, Employment Law and Products Liability for Texas

Q: I accidentally consumed a product with THC and I have a job that does random tests. Should I inform my employer?

I occasionally do legal mushroom edibles but always buy products that do not contain any THC or THC derivatives because my employer does random tests. My smoke shop started selling mushroom vapes so I decided to try one. After using it the effects were reminiscent of marijuana, noticeably different than the mushroom edibles I normally use. Concerned, I purchased a home drug test and it came up positive for THC.

What makes this frustrating is that the packaging clearly says "Contains no Delta or THC of any kind," nor is there a warning on it like some products that states it could cause someone to fail a drug test. The website for the company has a lab certificate of analysis that shows no THC products were detected in it. I'm not sure if the company who makes it accidentally contaminated their own product, or if they are being deliberately deceptive.

Is this something I need to inform my employer of in case of a random drug test? I still have the vape and package as evidence.

1 Lawyer Answer

A: There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of machinery, equipment, or a motor vehicle, there is a fair probability that you will be terminated from your job. On the other hand, if you don't tell your employer and fail a random drug test, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of machinery, equipment, or a motor vehicle, there is a fair probability that you will be terminated from your job.

Your basic problem is that the employer's interest is in making sure their employees aren't impaired as that creates a greater potential for someone to get hurt, including you yourself. While drug tests detect THC, they do not readily detect mushrooms or their harmful ingredients. Your question suggests that you are trying to avoid detection, not that you are the kind of employee who is safe and avoids being impaired.

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