CBD products, which are extracted from hemp or marijuana plants, have grown in popularity in recent years. Currently, each state treats CBD usage differently. This poses a significant risk to motor carriers and truck drivers who are subject to federal drug testing requirements.
CBD is extracted from the flowers and buds of marijuana or hemp plants. CBD may contain the chemical tetrahydrocannabinol (THC), which is the primary psychoactive component in marijuana that creates a “high” effect in users. CBD is commonly sold as an oil, lotion, cream, gummy, or pill for a variety of medical purposes, including treating epileptic seizures, anxiety, muscle and joint pain, depression, migraines, and other ailments.
Drivers subject to federal drug testing regulations are responsible for ensuring any CBD products they use are legal. According to the Department of Transportation (DOT), “Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3 percent THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act.”1
Some states, such as Texas, go a step further by declaring any amount of THC to be illegal. Motor carriers and drivers should also be mindful that the Food and Drug Administration does not regulate CBD products. This means that CBD product labels may not accurately reflect the amount of THC in a CBD product.
So, even if a product claims to be 100 percent free of THC, it may still include THC. This puts drivers at risk of testing positive for marijuana if – knowingly or unknowingly – they use a mislabeled CBD product.
DOT drug tests look for marijuana, not CBD. If a driver uses a CBD product with more than 0.3 percent THC, it will trigger a positive test result for marijuana. Furthermore, 49 CFR Part 40 prohibits the use of Schedule I drugs, including marijuana, for any reason.
CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. So, despite a driver’s claim of using only CBD, a Medical Review Officer will verify a drug test confirmed at the appropriate cutoffs as positive, then report the positive result to the Drug and Alcohol Clearinghouse.
Communication and training are essential. Educate drivers on the consequences of using mislabeled CBD products. The DOT provides a free employee handbook to help educate employees on the DOT’s drug and alcohol testing program. Click to download the handbook.
Educate all employees on the potential consequences of CBD use.
Comply with the requirements of the Drug and Alcohol Clearinghouse.
Implement a company drug and alcohol testing program, if needed.
Note: These lists are not intended to be all-inclusive.
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