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.The FDA has cautioned the public that: “Consumers should beware purchasing and using any 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. 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 labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states.The Department of Transportation requires testing for marijuana and not CBD.It is important for all employers and safety-sensitive employees to know: Safety-sensitive employees who are subject to drug testing specified under 49 CFR part 40 (Part 40) include: pilots, school bus drivers, truck drivers, train engineers, transit vehicle operators, aircraft maintenance personnel, fire-armed transit security personnel, ship captains, and pipeline emergency response personnel, among others. We have had inquiries about whether the Department of Transportation-regulated safety-sensitive employees can use CBD products. Any product, including “Cannabidiol” (CBD) products, with a concentration of more than 0.3% THC remains classified as marijuana, a Schedule I drug under the Controlled Substances Act. THC is the primary psychoactive component of marijuana. Under the Farm Bill, hemp-derived products containing a concentration of up to 0.3% tetrahydrocannabinol (THC) are not controlled substances. 115-334, (Farm Bill) removed hemp from the definition of marijuana under the Controlled Substances Act.
The Agricultural Improvement Act of 2018, Pub.
DOT COVID-19 Drug and Alcohol Testing Guidance.DOT COVID-19 Drug and Alcohol Statement of Enforcement Discretion.DOT Agency / USCG Information & Regulations.49 CFR Part 40 (Drug and Alcohol Regulations).Breath Alcohol & Screening Test Technicians.
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