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DOT & CBD

Jun 2, 2021 | Blog Posts

The CBD product industry is quickly growing as the news of potential health benefits spread. However, if you have DOT regulated safety-sensitive employees, it should be noted that CBD products are used at their own risk. We have pulled information from the most recent update on transportation.gov, original post found here: https://www.transportation.gov/odapc/cbd-notice

It is important for all employers and safety-sensitive employees to know:

  1. The Department of Transportation requires testing for marijuana and not CBD.
  2. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states.  The Food and Drug Administration (FDA) does not currently certify the levels of THC in CBD products, so there is no Federal oversight to ensure that the labels are accurate. The FDA has cautioned the public that: “Consumers should beware purchasing and using any [CBD] products.”  The FDA has stated: “It is currently illegal to market CBD by adding it to a food or labeling it as a dietary supplement.”*  Also, the FDA has issued several warning letters to companies because their products contained more CBD than indicated on the product label. **[i]
  3. The Department of Transportation’s Drug and Alcohol Testing Regulation, Part 40, does not authorize the use of Schedule I drugs, including marijuana, for any reason.  Furthermore, CBD use is not a legitimate medical explanation for a laboratory-confirmed marijuana positive result. Therefore, Medical Review Officers will verify a drug test confirmed at the appropriate cutoffs as positive, even if an employee claims they only used a CBD product.

The article goes on to say that it remains unacceptable for any DOT safety-sensitive employee who is subject to drug testing regulations to use Marijuana. Since the use of CBD can lead to a positive for Marijuana if THC levels are high enough, employees should exercise extreme caution when considering whether to use these products.