Use Can Lead to Positive Marijuana Test

Can federally regulated truck drivers safely use CBD products? The simple answer is “No.” DOT CBD warning makes it clear that use may lead to job loss.

The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) warn that commercial drivers who use CBD products risk testing positive for marijuana. A positive test result would likely lead to job loss. DOT issued a “CBD Notice” in February 2020, stating that safety-sensitive employees under its drug testing regulations cannot use marijuana.

Despite this warning, confusion remains about CBD’s legality. Many people see it as a natural supplement for various ailments, including pain management. CBD comes from the Cannabis sativa plant, also known as marijuana or hemp, according to the U.S. National Library of Medicine.

Inconsistent Labeling Cause for Concern

The 2018 Farm Bill (The Agricultural Improvement Act of 2018, Pub. L. 115-334) legalized the sale of hemp and hemp products in the U.S. However, not all hemp-derived CBD products meet legal requirements. The Farm Bill states that hemp-derived products with up to 0.3% tetrahydrocannabinol (THC) are not controlled substances. Any CBD product containing more than 0.3% THC is classified as marijuana, a Schedule I drug under the Controlled Substances Act, according to DOT.

The Food and Drug Administration (FDA) does not regulate CBD products. As a result, reports show inconsistencies in the amount of CBD listed on product labels. This unpredictability has created problems for commercial truck drivers.

Doug Horn, a 30-year veteran driver, experienced this issue firsthand. In February 2012, a vehicle crash injured his hip and shoulder. To ease his pain, he used CBD oil. Later, he tested positive for marijuana in a random drug test and lost his job of 10 years as a hazmat truck driver, according to Transport Topics. The CBD product he used was labeled THC-free, but that was not the case.

“If a driver uses a CBD product with more than 0.3% THC, standard drug tests will likely show a positive result for marijuana,” said Tim Thoelecke Jr., founder of InOut Labs. His company provides nationwide drug testing and wellness testing services.

Drug Testing Methods and Consequences

A positive drug test is posted to the FMCSA Clearinghouse.

He explained that there are several ways to test for marijuana use, including a urine test and a 5- or 10-panel drug test. Typically, saliva samples collected with mouth swabs are best for detecting recent Marijuana use while long-term Marijuana use is generally tested through a hair sample, Thoelecke added. 

The bottom line: If you’re a federally-regulated commercial truck driver, it’s best to steer clear of CBD products than to chance losing your job by testing positive for marijuana use. 

If you are a carrier employing commercial truck drivers, make sure your policies are clear and up-to-date regarding the U.S. DOT and FMCSA regulations, which include providing  educational materials for drivers and training for supervisors prior to the start of testing.   

InOut Labs is a full-service C/TPA, specializing in both testing and compliance. We provide complete turnkey compliance systems consisting of comprehensive testing packages which include random consortium pooling, supervisor and driver education, record keeping materials and more. Check out why InOut Labs should be your C/TPA of choice.