CDME Module 9: Scheduled Drug Use and Alcoholism (2025)-DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

DOT OFFICE OF DRUG AND ALCOHOL POLICY AND COMPLIANCE NOTICE

Pdf Summary

The Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance issued a notice concerning the use of Cannabidiol (CBD) products by safety-sensitive employees subject to DOT drug testing regulations. Following the 2018 Farm Bill, hemp-derived products with up to 0.3% tetrahydrocannabinol (THC) are no longer classified as controlled substances. Despite this, the DOT does not permit the use of Schedule I drugs, including marijuana, and its regulations stipulate testing for marijuana, not CBD.<br /><br />Key points highlighted in the notice:<br /><br />1. Mislabeling Risk: Many CBD products might have higher THC levels than indicated due to lack of FDA certification, leading to potential positive drug tests for marijuana. The FDA cautions against using CBD products due to potential mislabeling and has declared it illegal to market CBD as a food additive or dietary supplement.<br /><br />2. Testing Regulations: The DOT’s drug testing regulations under 49 CFR part 40 do not authorize the use of Schedule I drugs. Safety-sensitive employees who test positive for THC cannot justify the result by claiming CBD usage, as medical review officers are required to confirm positive results based on established cutoffs.<br /><br />3. Caution Advised: Employees should be cautious about using CBD products, as it could result in a positive marijuana test, which remains unacceptable under DOT drug testing rules.<br /><br />The notice also clarifies that its contents should not be considered legally binding and are meant to provide clarity on existing laws. Safety-sensitive employees must adhere to drug testing regulations detailed in 49 CFR part 40, and nonconformity with this notice will not bear legal consequences.

Keywords

Department of Transportation

CBD products

safety-sensitive employees

DOT drug testing

2018 Farm Bill

THC levels

FDA certification

Schedule I drugs

marijuana testing

drug testing regulations