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Use of Legalized Marijuana or 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 issued a clarification of the agency’s CDL drug and alcohol policy concerning state legalization of medical marijuana, hemp, CBD oil or recreation marijuana (Policy Statement). Federal law does not recognize the legalized status of these products.  Last year, the DOT warned CDL drivers that the use of state legalized marijuana, medical marijuana, hemp and CBD oil will result in a positive drug test regardless of state legal status.

The DOT issued this second clarification because the occurrence of positive drug test results for drivers using these products is increasing. The U. S. Department of Transportation (DOT) Office of Drug and Alcohol has 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 petroleum marketers and heating fuel dealers because it addresses how the 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).

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.


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