Legalized Marijuana, CBD Oil Strictly Prohibited Under U.S. DOT Drug Testing Regulations
The U.S. Department of Transportation (DOT) Office of Drug and Alcohol has once again clarified the agency’s drug and alcohol policy concerning the legalized use under state laws of CBD oil and legalized marijuana by CDL drivers.
The policy is important to energy marketers because it addresses how state legalization of CBD oil and marijuana for medical and recreation purposes is treated under U.S. DOT drug testing requirements for CDL drivers (49 CFR Part 40).
The federal DOT does not recognize state legalization laws. The substances are banned under federal law.
Both CBD oil and marijuana contain THC, a banned Schedule 1 substance under U.S DOT regulations. CBD oil derived from hemp contains 0.3 percent concentration of THC. THC concentrations in marijuana may range from anywhere between 5 percent and 30 percent.
The U.S. DOT drug testing regulations do not authorize the use of Schedule I drugs for any reason.
Therefore, a medical review officer (MRO) conducting driver drug tests will not issue a negative test result simply because the THC detected in a driver’s urine specimen was from the legalized recreational use of CBD oil or marijuana.
In addition, an MRO will not issue a negative drug test based upon information that a physician recommended that the employee use medical marijuana where states have passed medical marijuana initiatives.
Instead, THC from these (or any other) source will result in a positive test for the driver.