Can I appeal a false positive drug test? (2023)

How do you dispute a false positive drug test?

Failed a drug test required for your job? Do you think you were the victim of a false positive test? If the answer is yes, there are steps you can take to dispute your drug screening results, from asking why you may have gotten a false positive to asking for a repeat opportunity with your employer.

In this post we explainDrug testing in the workplace, the likelihood of false positives, what causes a false positive drug test, and steps you can take to correct the situation.

What is a false positive drug test?

A false positive drug test is a drug test that indicates a person is positive for drugs in their system, even if that person has recently (or in some cases never) used drugs. some employersuse drug testas a step before cessation and continuously after cessation for maintenancedrug-free workplace policy.

Due to a variety of factors, these tests are not always accurate. Certain drugs, substances, and even foods can "confuse" gas chromatographic mass spectrometry drug tests, leading to positive drug detection results even when the test subject has not participated in illicit drug use. A drug test can mistake certain substances or molecules in your bloodstream for some of the illegal drugs that tests are designed to detect, such as marijuana, amphetamines, opioids, barbiturates, cocaine, PCP, and benzodiazepines.

Medications that may show false positive drug tests

The good news is that it is often possible to predict when a drug test will give false positive results. For example, if you are taking any of the medications listed below, you should know before your drug screening that these substances can cause false positive drug tests.

1. Analgesics/NSAIDs

Certain pain relievers or pain relievers and NSAIDs (non-steroidal anti-inflammatory drugs) can cause false positive test results. For example, common pain relievers - including Advil and Aleve - can cause an individual to test positive for THC, PCP or barbiturates, while arthritis medications like Daypro can cause false positives for benzodiazepines.

2. Antibiotics

Some antibiotics can cause false positive results for opiates. Examples include Cipro and Levaquin, which are commonly prescribed to treat a variety of infections, from sinus infections to urinary tract infections.

3. Antidepressants

Prozac, Effexor, and other common antidepressants can cause a false positive result for illegal substances, including LSD and amphetamines.

4. Antihistamines and sleeping pills

Antihistamines are medications that treat allergies or hay fever. These drugs, like Benadryl, sometimes cause false positives for methadone or PCP. Some sleep aids have the same impact on a drug screen, including diphenhydramine – the generic term for Benadryl.

5. Central nervous system (CNS) stimulants.

Medications used to treat ADD and ADHD (such as Ritalin and Adderall) can produce positive drug screening results for opiates and PCP.

6. Cough medicine

Cough syrup is a common cold medicine, but it can also cause false positives on drug tests. The active ingredient in many over-the-counter cough suppressants is dextromethorphan, which may be identified as an opiate, or PCP, in the drug testing process.

7. Decongestants

Another cold medicine is Sudafed. Its active ingredient, pseudoephedrine, is also used in the manufacture of methamphetamine – in fact, Sudafed is no longer an over-the-counter drug. Customers can still purchase pseudoephedrine-containing products without a prescription, but they must go to the pharmacy counter, present a photo ID, and sign a log book to do so. These precautions are designed to curb methamphetamine production, but they do not prevent pseudoephedrine from triggering false positives for methamphetamine on a drug test.

8. Proton pump inhibitors

Drugs like Nexium, used to treat heartburn, stomach ulcers and other similar digestive disorders, can lead to false positive drug tests for THC or marijuana.

Substances that can show false positive drug tests

Drugs aren't the only substances that can cause a false positive result on a drug test. There are a number of other substances—some of which may be in your medicine cabinet, pantry, or refrigerator right now—that can cause problems with a drug test. These include:

1. Vitamin B Supplements

Vitamin B2 or Riboflavin is beneficial for healthy body growth, production of red blood cells, release of energy from proteins and much more. It can also cause you to fail a drug test because some riboflavin or B2 supplements are derived from hemp seed oil. Hemp seeds are part of the marijuana plant, which means that some B2 vitamins can cause a false positive result for marijuana use.

2. CBD (Canabidiol)

CBD is also derived from marijuana. Known to help people with ailments ranging from pain to sleep issues and chronic anxiety, CBD has grown in popularity in recent years. While CBD is not psychoactive and cannot get you "high", it can still introduce trace amounts of THC into your bloodstream or urine, which can lead to a failed drug test.

3. Mohn

One of the most well-known causes of false positive drug test results is the poppy seed. Poppy seeds, which are common in muffins, bagels and other foods, come from the opium plant, which means eating them before a drug test could result in a positive test for opioids.

4. Mouthwash or hand sanitizer

These products contain alcohol. If you use them heavily or regularly, they can leave traces of alcohol in your bloodstream. In most cases, don't worry: standard drug tests don't test for alcohol. However, if a subject needs to take a breathalyzer test and they don't have traces of alcohol in their system, these products could cause problems.

5. Tonic water

Tonic water, a common ingredient in cocktails, can lead to a false positive drug test. The tonic contains a substance called quinine which gives it its bitter taste. Quinine was originally developed as a drug to treat malaria. Although it is only found in small amounts in tonic, consuming large amounts of tonic still has the potential to trigger a false positive result on an opiate drug test.

How do I dispute a false positive drug test?

If you think you're at risk for a false positive drug test, or you think you've already failed a drug test due to a false positive result, here are some steps you can take to troubleshoot the issue.

Step 1: Face the problem

If you regularly take certain medications or consume supplements of vitamin B2, CBD, poppy seeds or tonic water, consider giving advance notice to the person testing you for drugs. If you openly address the issue — and provide evidence for what you claim, such as a doctor's prescription for a drug — you're protected against a possible false alarm.

Step 2: Ask your doctor or pharmacist

If you've ever failed a drug test and are trying to figure out why it might have triggered a false positive, the most important step is self-reflection. Think about what you've been consuming recently – including food, drink and medication – that could be the culprit.

If you took a medication in the days leading up to the drug test, ask your doctor or pharmacist if that medication might have caused your drug test to fail. If they say yes, they can vouch for you with a potential employer.

Step 3: Ask to repeat the drug test

If you can provide strong evidence why your positive drug test was a false positive, you should order a retest. For example, if you're applying for a job and you're a strong candidate - say, if the employer already has a job offer that is partially dependent on your drug tests - that employer will likely give you a second chance if you explain the situation. .

common questions

Can you sue a false positive drug test?

In recent years, it has become more common for individuals to sue drug testing labs for false positive results. For example, there have been cases where plaintiffs lost jobs due to false alarms and sued labs for inaccurate results.

What can cause a false positive result in a urine drug screen?

Certain medications, CBD, poppy seeds, and even tonic water are some of the substances that can trigger false positives on a drug test. These products and substances have ingredients or origins in common with drugs that laboratories must verify. For example, CBD oil is derived from the cannabis plant, which means its use could result in a false positive for marijuana.

Can you fight a failed drug test?

Yes. Statistics show that false positive results occur five to ten percent of the time. There are enough substances that can cause a false positive result that it is always worth exploring the possibility of disputing a failed drug test.

What happens if my drug test is positive?

The answer to this question depends on your situation. If you are negotiating a new job with a prospective employer and you fail a drug test, the employer may terminate your job offer. If you are already employed and you fail a drug test, your employer may fire you. You may also face apartment drug testing, where failing a test could result in your rent application being rejected.