CDME Module 8: Drug Abuse & Alcoholism-8-2 DOT CBD Notice

8-2 DOT CBD Notice

Pdf Summary

The U.S. Department of Transportation (DOT) has issued a notice regarding the use of CBD products by safety-sensitive employees who are subject to drug testing. The notice explains that the Agricultural Improvement Act of 2018, also known as the Farm Bill, removed hemp from the definition of marijuana under the Controlled Substances Act. As a result, hemp-derived products containing up to 0.3% THC are not considered controlled substances, while products with more than 0.3% THC remain classified as marijuana.<br /><br />The DOT clarifies that it requires testing for marijuana and not CBD. However, it warns that the labeling of many CBD products may be misleading, as they could contain higher levels of THC than what is stated on the label. The Food and Drug Administration (FDA) does not currently certify THC levels in CBD products, so there is no federal oversight to ensure label accuracy. The FDA has cautioned the public about purchasing and using CBD products, and it is currently illegal to market CBD as a dietary supplement or add it to food.<br /><br />The DOT’s Drug and Alcohol Testing Regulation does not authorize the use of Schedule I drugs, including marijuana, for any reason, and CBD use is not considered a legitimate medical explanation for a positive marijuana test result. Therefore, safety-sensitive employees will have a positive drug test confirmed, even if they claim only to have used a CBD product.<br /><br />The DOT emphasizes that it is unacceptable for safety-sensitive employees subject to drug testing regulations to use marijuana. Due to the potential for a positive drug test result, employees should exercise caution when considering whether to use CBD products.<br /><br />The notice concludes that the contents of the document are not legally binding and are intended to provide clarity on existing requirements under the law or agency policies. Safety-sensitive employees must continue to comply with the drug testing requirements specified in 49 CFR part 40.

Keywords

U.S. Department of Transportation

CBD products

safety-sensitive employees

drug testing

hemp-derived products

THC levels

label accuracy

marijuana testing

positive drug test

drug testing regulations